How to Get Permission to Relocate With the Children Due to Fiance's New Job

My question involves a child custody case from the State of: Nevada

I have primary physical custody of my and my ex's child. My fiance recently found a job in another state that pays better and doesn't require him to travel as much as he is. We are planning to get married in May. What does this mean for me? Can I move with him after we get married? Would it be better for us to get married before he starts work or after? We are very concerned because we hear it can be very difficult for a family to relocate without good reason. Below is a list of reasons that it would be good:

1) 20% increase in his salary for his new job. Also would be taking over his families real estate business...which is separate from the new job.
2) My daughter is 4 years old, I would now be a stay at home mom with his new job.
3) My fiance's job requires him to travel 4 out of the 7 days per week. His new job would only be 1 day per week of travel so it is an increase in family time as well as income.
4) The new location is within 2 hours of both of our parents.
5) My daughters father refuses to pay child support. I tried to garnish wages, but his company was bought out and I had to start the process over again.
6) I would be willing to waive the monthly child support from my ex.

I'm just really concerned that the judge would deny me moving to be with my husband now. He hasn't given the new company his official start date because we are trying to get this custody stuff figured out and how best to go about it. We think he should start the job before we get married. What are your thoughts.

How much contact does Dad have?

Remember, HE is your child's family.

Every other weekend and every Monday. But, we are going to move to change it to every other weekend due to financial ability to care for our daughter.

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I should also mention that the father is 34 years old, and is living with (2) other guys in a (3) bedroom home.

Would your new husband be willing to adopt your child, and will your ex give up custody? This would also release him from child support. Is this an option?

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Quoting kathy1981

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Every other weekend and every Monday. But, we are going to move to change it to every other weekend due to financial ability to care for our daughter.

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I should also mention that the father is 34 years old, and is living with (2) other guys in a (3) bedroom home.

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Where do you intend to move? How far from Dad?

The problem you face is that in Nevada the burden of proof will be on you to show that the move is in the child's best interest - in other words, you must prove that the move is so beneficial to the child that it overrides the fact that the child is being moved from the other parent.

If you're allowed to relocate, you should expect to pay ALL transportation costs, and you should expect (given that you're intending to take away Dad's Mondays) to lose most of the summer and a lot of the holidays.

Are you willing to do that?

Yes, my fiance is willing to adopt my daughter.

I left out one other aspect. My ex has a felony on his record for domestic violence against me. About 2 months ago, he became physical with my fiance. The police have since submitted a charge for misdemeanor battery against him and we are in the process of getting a TPO for my fiance as well (I already have a TPO in effect against my ex).

You can read here:

http://apps.americanbar.org/family/m.../june06dvl.pdf

(It's still accurate for Nevada - if anything, since the article was written Nevada has become even more move-away unfriendly)

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Quoting kathy1981

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Yes, my fiance is willing to adopt my daughter.

I left out one other aspect. My ex has a felony on his record for domestic violence against me. About 2 months ago, he became physical with my fiance. The police have since submitted a charge for misdemeanor battery against him and we are in the process of getting a TPO for my fiance as well (I already have a TPO in effect against my ex).

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This doesn't help your case.

And a stepparent adoption will NOT happen if Dad doesn't agree.

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Quoting Dogmatique

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Where do you intend to move? How far from Dad?

The problem you face is that in Nevada the burden of proof will be on you to show that the move is in the child's best interest - in other words, you must prove that the move is so beneficial to the child that it overrides the fact that the child is being moved from the other parent.

If you're allowed to relocate, you should expect to pay ALL transportation costs, and you should expect (given that you're intending to take away Dad's Mondays) to lose most of the summer and a lot of the holidays.

Are you willing to do that?

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The new place will be approximately a 9 hour drive or a couple hour flight.

As said previously, we are going to move to modify the current custodial arrangement based on my ex-husband's financial situation as well as the pending domestic violence charge of misdemeanor battery (forgot to put that in earlier posts).

I would be okay giving my daughter up for 1 month of the summer, spring break, and (3) day weekends. I would be more willing to give up child support in exchange for he pays for travel costs...which would be a win for him.

You really should speak with an attorney.

I do not see a convincing case of why it's best to remove kiddo from Dad's regular care, in order for your fiance to move.

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Quoting kathy1981

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Yes, my fiance is willing to adopt my daughter.

I left out one other aspect. My ex has a felony on his record for domestic violence against me. About 2 months ago, he became physical with my fiance. The police have since submitted a charge for misdemeanor battery against him and we are in the process of getting a TPO for my fiance as well (I already have a TPO in effect against my ex).

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I would look into adoption. He may accept it, if it relieves him of child support. You never know how people will react, when there's an incentive for saving money. The fact that he has been violent is all the more reason to move.