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November 15, 2009

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Custody decision overturned

Friday, Dec. 27, 2002 | 9:02 a.m.

CARSON CITY -- The Nevada Supreme Court has upheld the constitutionality of a law that requires a parent with custody of a child to get permission from the non-custodial parent to move outside the state.

The court Thursday overturned the decision of former District Judge Mike Fondi of Reno, who ruled the law violated the constitutional right of a citizen to travel from one state to another.

The Supreme Court, in a decision written by Justice Deborah Agosti, said the Nevada law is aimed at determining whether a move would affect the visitation rights of the non-custodial parent and whether the switch in location may be best for the child.

The case involved a Nevada woman, Kathryn Harrison Reel, who wanted to move to New Jersey to take a better job. Her ex-husband, Richard Reel, objected, saying it would interfere with his right to visit the child.

After ruling the law was unconstitutional, Fondi granted the mother permission to move out of state because of her chance to advance her career, allow greater educational opportunities for the child and to be near family members in New Jersey.

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