It is not uncommon for divorced parents to want to move away from Las Vegas. Generally, after divorce it is not considered difficult for a custodial parent to relocate with the children out of Nevada. However, moving the children so far away from the noncustodial parent that they cannot have weekly contact is not necessarily a sure thing.
Pursuant to Schwartz v. Schwartz, a custodial parent seeking to relocate must first “[demonstrate] that an actual advantage will be realized by both the children and the custodial parent in moving to a location so far removed from the current residence that weekly visitation by the noncustodial parent is virtually precluded.” Second, if the parent makes the threshold showing of a “sensible, good-faith reason to move,” the court must then consider the five Schwartz factors:
1. The extent to which the move is likely to improve the quality of life for both the child and the custodial parent;
2. Whether the custodial parent’s motives are honorable, and not designed to frustrate or defeat visitation rights accorded to the noncustodial parent;
3. Whether, if permission to move is granted, the custodial parent will comply with any substitute visitation orders issued by the court;
4. Whether the noncustodian’s motives are honorable in resisting the motion for permission to move; and
5. Whether, if removal is allowed, there will be a realistic opportunity for the noncustodial parent to maintain a visitation schedule that will adequately foster and preserve the parental relationship with the noncustodial parent.
In Schwartz, the court listed several sub-factors that may be considered in determining whether a proposed move will likely improve the quality of life for the custodial parent and the children. The factors listed by the court are:
(1) whether positive family care and support, including that of the extended family, will be enhanced; (2) whether housing and environmental living conditions will be improved; (3) whether educational advantages for the children will result; (4) whether the custodial parent’s employment and income will improve; (5) whether special needs of a child, medical or otherwise, will be better served; and (6) whether, in the child’s opinion, circumstances and relationships will be improved.
The Las Vegas divorce attorneys at Pecos Law Group can help you and your children through the relocation process. We have experience representing parents who want to relocate with their children and the non-custodial parents who oppose the move.