Can You Move with a Child When You Have Custody?

May 10th, 2024
Posted By
Joseph Gersten

Specific Nevada statutes govern relocation of a child subject to a custody order. A parent with primary or joint physical custody of a child pursuant to a Nevada court order is not free to move with the child unless the relocating parent complies with the applicable laws. Representation by a knowledgeable family law attorney is strongly advised, due to the complexity of the process and the potential serious consequences of noncompliance.

Nevada Child Relocation Laws

The statutes that apply to moving a child subject to a custody order distinguish between situations in which the parent desiring to move the child has primary physical custody (NRS 125C.006) or joint physical custody (NRS 125C.0065). Both sections apply when a parent wishes to move the child outside the State of Nevada or to a place within Nevada at a distance that would “substantially impair the ability of the other parent to maintain a meaningful relationship with the child.”

Whether a relocating parent has primary physical custody or joint physical custody, the law requires the relocating parent to attempt to obtain the written consent of the other parent to the relocation. Refusal to consent by the other parent may result in an award of attorney’s fees and costs if: (1) There were no reasonable grounds for the refusal, or (2) The other parent withheld consent for the purpose of harassing the relocating parent.

If the non-relocating parent refuses consent, one of two provisions applies: (1) A relocating parent with primary physical custody must petition the court for permission to move the child, or 2) A parent with joint physical custody must petition the court for primary physical custody for the purpose of relocating.

A relocation petition filed with the court is called a Motion for Permission to Relocate With a Minor Child. The non-relocating parent may oppose the motion. The court holds a hearing on the Motion, with both parties having the opportunity to present evidence to the court.

A parent who moves a child without complying with the applicable legal requirement may be charged with a crime under NRS 200.359.

Motion for Permission to Relocate a Minor Child

Before deciding a Motion for Permission to Relocate a Minor Child, the court holds a hearing, during which both parties may present evidence. The burden is on the relocating parent to demonstrate that relocation is in the best interest of the child and that all the other statutory factors are met. Advance planning and preparation are crucial for a parent requesting the court’s permission to move a child, in order to present evidence to the judge in support of the motion. 

In NRS 125C.007, the law requires the relocating parent to demonstrate to the court that:

  • The relocating parent has a sensible, good-faith reason for the move and lacks an intention to deprive the non-relocating parent of time with the child;
  • The relocation serves the best interest of the child; and
  • The child and relocating parent will benefit from the relocation.

If the parent demonstrates these criteria, the court then must weigh specific factors (and any other factor the judge deems relevant) and the impact of each factor on the child, the relocating parent, and the non-relocating parent, including:

  • Whether the move will result in an improved quality of life for the child and relocating parent;
  • Whether the relocating parent’s motives are honorable and not designed to defeat the other parent’s visitation rights;
  • Whether the relocating parent is likely to comply with revised visitation orders;
  • Whether an objecting non-relocating parent’s motives are honorable; and
  • Whether there will be a realistic opportunity for a visitation schedule that will preserve the parental relationship with the non-relocating parent.

The judge has wide discretion in ruling on the request and deciding whether to grant permission to relocate the child or deny the request. For that reason, a parent requesting relocation should be prepared to present meaningful details about the move and new location, including matters relating to employment, the child’s educational and recreational opportunities, the residence of the parent and child, and other relevant aspects.

Importance of Legal Representation in a Child Relocation Case

Organizing and presenting evidence in court — and following the proper court procedures, beginning with filing the motion — requires legal knowledge and skill. A parent wishing to relocate a child should consult with a family law attorney well in advance of making decisions or proceeding with plans to move the child. An experienced lawyer can also help navigate issues relating to consent of the non-relocating parent and even assist in negotiating an agreement with the other parent on relocation issues. In relocation cases, as in any custody matter, it is not advisable for a parent to attempt to represent themselves.

Similarly, a non-relocating parent who wishes to oppose a relocation motion will benefit substantially from talking with an experienced family law attorney.

Talk With an Experienced Las Vegas Family Law Attorney About Child Relocation

At The Gersten Law Firm, we assist clients in complying with the requirements of the Nevada laws governing relocation of a child subject to a custody order. We help relocating parents and non-relocating parents wishing to defend against a relocation petition. Experienced family law attorney Joseph Gersten understands the sensitivity and emotional aspects of child relocation for parents. He approaches every family law case with compassion and understanding, as well as dedication to protecting the interests and rights of the client.

The Gersten Law Firm does not charge for your initial consultation. We serve clients in Las Vegas, Henderson, and elsewhere in Clark County. Call us at 702.857.8777 or complete our online form to schedule an appointment.

Categories: Nevada Family Law