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POTTER v. POTTER

No. 42488.

119 P.3d 1246 (2005)

Thomas POTTER, Appellant, v. Svetlana POTTER, A/K/A Svetlana Eveleigh, Respondent.

Supreme Court of Nevada.

September 22, 2005.

Attorney(s) appearing for the Case

Gayle F. Nathan, Las Vegas, for Appellant.

Theodore P. Williams, Las Vegas, for Respondent.

Rebecca L. Burton, Las Vegas; Ecker & Kainen, Chtd., and Edward L. Kainen, Las Vegas; Bruce I. Shapiro, Henderson, for Amicus Curiae Family Law Section of the State Bar of Nevada.

Brenda J. Erdoes, Legislative Counsel, and William L. Keane, Principal Deputy Legislative Counsel, Carson City, for Amicus Curiae State Legislature.

Before the Court En Banc.

OPINION

BECKER, C.J.

This appeal involves whether Nevada's relocation statute, NRS 125C.200, applies to parties who share joint physical custody of their minor children. We conclude that it does not. When one parent in a joint physical custody arrangement desires to move outside of Nevada with the minor children, the correct procedure is to file a motion for change of custody under NRS 125.510(2) for the purpose of relocation. The district court must...

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