Can I Relocate With the Children

To move a child out of state under Nevada custody law, you must either obtain the other parent’s written consent or petition the court for permission. If you relocate without one of these, you risk serious legal consequences, including contempt of court or a modification of custody. The parent seeking the move carries the burden of proving that the relocation is in the child’s best interests.

Nevada courts consider several factors when deciding whether to allow a relocation, including the child’s relationship with both parents, the reasons for the move, and how the move will impact the child’s education and well-being. It is important to understand that the other parent has the right to contest the move, and the court’s primary concern will always be what is best for the child.

Nevada Custody Laws for Moving Out of State

If a parent wishes to relocate with their child to another state after a custody order has been filed, they must first obtain either the consent of the other parent or permission from the court. Moving out of state without one of these approvals can lead to serious legal consequences. It’s important to note that we’re discussing permanent relocation, not temporary trips. Taking a child for a weekend vacation or a short trip is not considered a violation of custody laws.

The first step in relocating out of state under Nevada custody laws is to request written consent from the other parent. If the other parent agrees, both parents can file a stipulation to modify child custody with the court. This legal agreement allows the move and any necessary adjustments to visitation schedules.

If the other parent disagrees, the parent wishing to relocate must file a motion with the court, requesting permission to move with the child. In this case, the burden falls on the moving parent to prove that the relocation is in the best interest of the child.

Parental Relocation After Divorce

After a divorce, parental relocation with a child becomes more complex, particularly when there is joint physical custody. If a parent wishes to move out of state, they must demonstrate that the relocation will not disrupt the child’s relationship with the non-moving parent. The parent seeking to relocate must show that the move benefits both the child and themselves and is not intended to limit the other parent’s parenting time.

What Does the Court Look for When Granting a Relocation?

When a parent requests to move with their child, Nevada courts evaluate several factors. The moving parent must show:

  1. A valid, good-faith reason for the move.
  2. That the child will benefit from the move.
  3. That the move does not intentionally deprive the non-relocating parent of their time with the child.

If the moving parent meets this burden, the court will review additional factors, including the impact on the child’s quality of life, whether the move will interfere with visitation rights, and whether the relocation is in the child’s best interest. Nevada law (NRS 125C.006) outlines these factors in detail, which helps guide the court’s decision.

What if Parents Have Joint Physical Custody?

If the parents share joint physical custody, relocating with the child becomes more challenging. The moving parent must not only justify the relocation but also meet the legal requirements for modifying the custody arrangement. In cases of joint custody, the moving parent must prove that relocating is in the best interest of the child, even if it means altering the equal time the child spends with both parents.

Nevada public policy strongly supports shared custody, and a parent seeking to relocate must show that the move provides a clear benefit to the child that outweighs the potential disruption of shared parenting.

Typical Visitation Schedules for the Non-Moving Parent

When a parent relocates, visitation schedules are adjusted based on the distance between the parents. The farther apart they live, the less frequent the visits may become. In some cases, visits might occur over extended periods during school breaks, such as Christmas, spring, and summer holidays, along with additional three-day weekends.

For example, if the parent relocates to a nearby state like California, visitation might still occur every other weekend. But if the move is to a farther state like Texas, the non-relocating parent might only see the child during school vacations and holidays.

What if Both Parents Agree to the Relocation?

If both parents agree to the relocation, they can file a joint agreement with the court. This agreement will outline the details of the move, including visitation schedules, child support adjustments, and travel cost arrangements. It’s essential to file this agreement with the court to make sure it is legally recognized and enforceable.

If the relocating parent only has written consent (via text, email, or informal agreement), they should still file a new custody order with the court to ensure the relocation is officially approved and to confirm new visitation terms.

What is the Penalty for Relocating Without Permission?

Relocating a child without permission when a court order is already in place is a serious violation under Nevada custody laws for moving out of state. It can be classified as a D-level felony, potentially leading to charges of kidnapping. If convicted, a parent may face prison time (1 to 4 years) and a fine of up to $5,000.