MOT Name ________________________________ Address ______________________________ _____________________________________ Telephone ____________________________ Email Address _________________________ In Proper Person DISTRICT COURT CLARK COUNTY, NEVADA ________________________________ Plaintiff, vs. ________________________________ Defendant. CASE NO.: ____________________ DEPT: ____________________ DATE OF HEARING: ___________ TIME OF HEARING: ____________ Oral Argument Requested: ❑Yes ❑No MOTION AND NOTICE OF MOTION FOR AN ORDER TO MODIFY CUSTODY AND FOR PERMISSION TO RELOCATE WITH A MINOR CHILD TO: Name of Opposing Party and Party’s Attorney, if any, ______________________________ PLEASE TAKE NOTICE that a hearing on this motion will be held on the date and time above before the Eighth Judicial District Court - Family Division located at: (☒ check one) ❑ The Family Courts and Services Center, 601 N. Pecos Road Las Vegas, Nevada 89101. ❑ The Regional Justice Center, 200 Lewis Avenue Las Vegas, Nevada 89101. NOTICE: YOU ARE REQUIRED TO FILE A WRITTEN RESPONSE TO THIS MOTION WITH THE CLERK OF THE COURT AND TO PROVIDE THE UNDERSIGNED WITH A COPY OF YOUR RESPONSE WITHIN 10 DAYS OF THE RECEIPT OF THIS MOTION. FAILURE TO FILE A WRITTEN RESPONSE WITH THE CLERK OF COURT WITHIN 10 DAYS OF YOUR RECEIPT OF THIS MOTION MAY RESULT IN THE REQUEST FOR RELIEF BEING GRANTED BY THE COURT WITHOUT A HEARING PRIOR TO THE SCHEDULED HEARING DATE. Submitted By: (☒ check one) ❑ Plaintiff / ❑ Defendant In Proper Person © Clark County Family Law Self-Help Center Motion for Permission to Relocate JPC.docx - Apr-14 * You are responsible for knowing the law about your case. For more information on the law, this form, and free classes, visit www.familylawselfhelpcenter.org or the Family Law Self Help Center at 601 N. Pecos Road. To find an attorney, call the State Bar of Nevada at 382-0504. 1 I. POINTS AND AUTHORITIES When a parent with joint physical custody of a child wishes to relocate outside of Nevada with the child, the parent must ask for primary physical custody for the purposes of relocating. Potter v. Potter, 121 Nev. 613, 119 P.3d 1246 (2005). An order for joint custody may be modified or terminated if the best interest of the child requires the modification or termination. NRS 125.510(2). In considering the parent’s request for custody, the Court must determine whether the moving parent will relocate outside of Nevada with the child if he or she obtains primary custody. The district court may also consider the locales of the parents and whether one parent had de facto primary custody of the child prior to the motion. The moving party must establish that it is in the child's best interest to reside outside of Nevada with the moving parent as the primary physical custodian. When deciding whether to allow the relocation, the Court must determine whether the parent has a sensible, good faith reason for the move. If the parent provides a good faith reason for the move, the Court must weigh the factors from Schwartz v. Schwartz, 107 Nev. 378, 812 P.2d 1268 (1991). The factors are discussed in Section II of this motion. II. FACTS AND ARGUMENT Request For Primary Physical Custody 1. I have joint physical custody of: Child’s Name: Date of Birth Page 2 of 7 - Motion for Permission to Relocate JPC.docx I was awarded joint physical custody through the Court’s order dated (date) _________ I would like primary physical custody of the child(ren) with permission to move to (write the city/town and state where you would like to move) __________________________ 2. I should be awarded primary physical custody of the minor child(ren). A change in the physical custody arrangement is in the best interest of the children because: (Explain. Address issues such as the educational, medical, or mental well-being of the child(ren), whether the current custody schedule is being followed, and the child(ren)’s relationship with each parent): Request for Permission to Relocate 3. I asked permission to relocate with the minor child(ren) and the other parent refused. (Explain when and how you asked the other parent for permission to move) Attach any exhibits that show your attempts to resolve this with the other parent. Page 3 of 7 - Motion for Permission to Relocate JPC.docx 4. The other parent will not agree to the relocation because: (Describe your understanding of why the other parent will not agree to the move): 5. My proposed move is in good faith. I have a good reason for the move, and I am not moving to frustrate the other parent’s contact with the child. (Explain why you want to move) 6. The proposed move is likely to improve the quality of life for my child(ren) and myself. (Explain. Include information about where you would live, where you would work, the school and surroundings for the children) Attach any exhibits to show how the move will improve the quality of life. Page 4 of 7 - Motion for Permission to Relocate JPC.docx 7. a. If I am allowed to move with the child(ren), I propose the following visitation schedule: (Describe what visitation schedule you are proposing, and address your beliefs that it will be adequate) b. The estimated cost for visitation is: $___________ per round trip. This cost should be paid by: (name) _________________________________________ 8. If the move is allowed, I will comply with all substitute visitation orders. (Give any information about whether you have previously complied with visitation orders) Request to Modify Child Support 9. Current Child Support Order. (☒ check one) ❑ I am not requesting a modification of child support. (STOP. Sign and date page 6.) ❑ (Name) ________________________________ currently pays (amount) $_______ per month in child support for (number) ____ minor children. I want this order modified. 10. Reason for Modification. I want child support modified because of the change in custody I am requesting. 11. Parties’ Income. The mother’s gross monthly income is (insert amount): $_______ / OR ❑ unknown. The father’s gross monthly income is (insert amount): $_______ / OR ❑ unknown. Page 5 of 7 - Motion for Permission to Relocate JPC.docx 12. Amount Requested. (☒ check one) ❑ Child support should be modified so that (name of person who should pay child support) ____________________________ pays (amount) $________ per month in child support. ❑ Child support should be set at the statutory minimum of $100 per month, per child; ❑ I’m not sure how much child support should be paid. The judge should set child support. ❑ Other (explain how much child support should be ordered and how you came up with the amount): I respectfully request that this Court grant the relief requested above, and any other relief the Court finds appropriate. DATED _____________________________, 20____. Submitted By: (your signature) (print your name) Page 6 of 7 - Motion for Permission to Relocate JPC.docx DECLARATION IN SUPPORT OF MOTION TO MODIFY CUSTODY AND FOR PERMISSION TO RELOCATE WITH A MINOR CHILD I declare, under penalty of perjury: 1. That I have personal knowledge of the facts contained in this Motion and in this Declaration and I am competent to testify to the same. 2. That the statements in this Motion and Declaration are true and correct to the best of my knowledge. 3. Additional facts to support my requests include: 4. I have attached the following Exhibit(s) to the Motion to support my requests: (Describe exhibit or write N/A on any blank lines.) a. b c. d. I declare under penalty of perjury under the law of the State of Nevada that the foregoing is true and correct. DATED _____________________________, 20____. Submitted By: (your signature) (print your name) Page 7 of 7 - Motion for Permission to Relocate JPC.docx
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