Find Laws Find Lawyers Free Legal Forms USA State Laws
Laws-info.com » Cases » Nevada » Supreme Court » 2013 » CHAPA VS. ADAMS-CHAPA (CHILD CUSTODY)
CHAPA VS. ADAMS-CHAPA (CHILD CUSTODY)
State: Nevada
Court: Supreme Court
Docket No: 59628
Case Date: 02/15/2013
Plaintiff: CHAPA
Defendant: ADAMS-CHAPA (CHILD CUSTODY)
Preview: availability of adequate, alternative visitation. Trent v. Trent, 111 Nev. 309, 315-16, 890 P.2d 1309, 1312-13 (1995). Under the Schwartz factors, when determining whether to grant a parent's motion to relocate with the parties' child, the court must consider (1) whether the move will likely improve the custodial parent and the child's quality of life; (2) whether the custodial parent's motives are honorable; (3) whether the custodial parent will comply with the court's visitation orders; (4) whether the noncustodial parent's motives for resisting the move are honorable; and (5) whether the noncustodial parent will have a realistic opportunity to exercise visitation if the move is approved, so that the parent's relationship with the child will be adequately fostered. 107 Nev. at 382-83, 812 P.2d at 1271. While the district court's decision did not thoroughly analyze all of the factors set forth in Schwartz, it is clear from the record that the factors were considered, and the record before us supports the district court's decision to grant the motion to relocate. In particular, the record demonstrates that respondent and the child would both benefit from actual advantages by relocating to Illinois, including free housing, the proximity of family, and the presence of a good school within walking distance of where they would reside. Jones, 110 Nev. at 1265-66, 885 P.2d at 572 (noting that a showing of an actual advantage by relocating does not require a significant economic or other tangible benefit in order to apply the Schwartz factors). The record also shows that reasonable alternative visitation was available for appellant through extended summer and other holiday visitation, as well as communication by telephone and the Internet. Jones, 110 Nev. at 1266, 885 P.2d at 572 (holding that if the custodial parent establishes a good-faith reason for the move and that reasonable, alternative visitation is possible, the burden
SUPREME COURT OF NEVADA

(0) 1947A

2

shifts to the noncustodial parent to show that relocation is not in the best interest of the child); see also Trent, 111 Nev. at 317, 890 P.2d
Download 59628.pdf

Nevada Law

Nevada State Laws
    > Nevada Gun Laws
    > Nevada Statutes
Nevada Tax
Nevada Labor laws
    > Nevada Unemployment Claims
Nevada Court
    > Nevada Appeal
Nevada Agencies
    > Nevada DMV

Comments

Tips