After mother relocated with child from Nevada to California with no child custody order in place, father moved in Nevada court for child’s immediate return and for an award of joint legal and primary physical custody. Mother requested sole legal and physical custody and moved to allow child to remain in California with her. Held: When parents have equal custody rights, one parent may not relocate child out of state over other parent’s objection without a judicial order authorizing the move, and proper procedure is to file a motion for primary physical custody with a request to relocate, but district court did not abuse its discretion in awarding mother primary physical custody and in granting mother’s motion for relocation.
Laura W. Morgan is the owner and operator at Family Law Consulting in Charlottesville, Virginia. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website: www.