Pelkola v. Pelkola
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The Supreme Court held that the provision in Nev. Rev. Stat. 125C.006(1)(b) that a custodial parent who intends to relocate his or her residence to a place outside of the State and desires to take the child but the noncustodial parent refuses to consent to relocation must first petition the district court applies not only to relocation from Nevada to a place outside of Nevada but also from a place outside of Nevada to another place outside of Nevada.
Mother was granted primary physical custody of the parties' three minor children after the parties' divorce. Mother later filed a petition under section 125C.006 for permission to relocate with the children from Nevada to Arizona. Mother subsequently moved to Arizona with the children. Mother later petitioned for permission to again relocate with the children, this time from Arizona to Ohio. The district court granted the petition, concluding that Mother did not need permission for the current relocation because the court had already granted her permission to move from Nevada. The Supreme Court reversed, holding (1) because Mother sought to move with the children to Ohio and Father did not consent, section 125C.006(1)(b) applied; and (2) the district court abused its discretion by failing to issue specific findings under the factors set out in Nev. Rev. Stat. 125C.007.
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