Question asked on Jan 23rd, 2018

Q: We live in Nevada, but have a second home in Utah (only 3 hours away). I am considering moving there now by myself and obtaining residency for tax purposes. My concern is how that affects my potential divorce legally and in regards to custody of my kids. I’ve heard that unless granted permission from their father, they won’t be able to move out of the state. Will it help if I already have residency in a new state before the divorce? Or does that hinder my situation?

A: If anything, the recent changes to Nevada custody law have made it somewhat more difficult to successfully move to relocate children to another State, as explained on our child custody page addressing relocations.  If your husband remains in Nevada, there is no problem with divorce court jurisdiction to proceed here as to all issues, as explained here, but you should definitely consult with a family law specialist about your entire situation — custody, visitation, support, property, alimony, etc., before relocating or doing anything else that might further complicate your situation.