Can You Relocate Out of Nevada With Your Child Without Court Approval?
If you are a custodial parent in Henderson or anywhere in Nevada who is thinking about moving out of state with your child, you need to understand the legal rules before you take any action. Nevada’s relocation statute imposes strict requirements on parents who want to relocate with a minor child, and violating those requirements can have serious — even irreversible — legal consequences. This guide explains what Nevada law requires, when court approval is mandatory, and what happens if you move without following the proper process.
Nevada’s Relocation Statute: NRS 125C.0035
Nevada Revised Statutes Section 125C.0035 governs the relocation of minor children when there is a custody order in place. The statute requires a parent who has primary physical custody or joint physical custody to follow specific procedures before relocating with a child out of state — or more than 100 miles within the state if it would significantly affect the other parent’s visitation or parenting time.
The law exists to protect the rights of both parents and the child’s best interests. A parent’s desire to relocate — even for a legitimate reason such as a job opportunity, family support, or a new relationship — does not automatically override the other parent’s right to maintain meaningful contact with the child.
The 45-Day Advance Notice Requirement
Under NRS 125C.0035, a parent who intends to relocate with a child must provide written notice to the other parent at least 45 days before the planned move. The notice must include the intended destination, the proposed new address, and the reasons for the relocation.
This notice requirement applies even when the parents have an amicable relationship and even when the relocating parent believes the other parent will not object. Providing proper written notice documents compliance with the statute and gives the other parent the opportunity to exercise their rights.
When Court Approval Is Required
If the other parent objects to the relocation within the notice period, court approval is required before the move can occur. A parent cannot simply move and then litigate — the law requires the relocating parent to obtain either the other parent’s written consent or a court order authorizing the relocation before taking the child out of Nevada.
To obtain court approval, the relocating parent must file a motion and demonstrate that the relocation is in the child’s best interest. Nevada courts consider factors including the relocation’s impact on the child’s relationship with the non-relocating parent, whether reasonable parenting time arrangements can be made to preserve that relationship, the relocating parent’s reasons for the move, and the child’s ties to the current community.
What Happens If You Move Without Court Approval
Relocating with a child in violation of Nevada’s relocation statute — without proper notice or court approval — can have severe legal consequences:
Contempt of Court
A parent who moves without complying with NRS 125C.0035 may be held in contempt of the existing custody order. Contempt sanctions can include fines, make-up parenting time for the non-relocating parent, and in some cases incarceration.
Court Order to Return the Child
A Nevada court can order the child returned to Nevada. This is not merely theoretical — courts regularly order children returned when a parent has relocated without authorization, even if the family has been living in the new state for some time. A wrongful relocation can also result in a change of primary custody in favor of the non-relocating parent.
Impact on Future Custody Decisions
A parent who demonstrates a willingness to circumvent custody orders — including relocation violations — will likely find that Nevada courts view this behavior unfavorably in future custody proceedings. Courts take seriously a parent’s ability to support the child’s relationship with the other parent, and unilateral relocation signals the opposite.
How the Other Parent Can Object
When a non-relocating parent receives the 45-day notice, they have the right to file an objection with the court and request a hearing. The court will then evaluate whether the proposed relocation serves the child’s best interests. Having an experienced Henderson child custody attorney to prepare and present your objection — or to respond to one — is essential given the high stakes involved.
What Courts Consider in Nevada Relocation Cases
Nevada courts evaluate relocation requests based on the child’s best interests, weighing factors such as the quality of each parent’s relationship with the child, the advantages the relocation offers to the child (not just the relocating parent), whether a realistic parenting plan can be crafted to maintain the non-relocating parent’s involvement, and the child’s own views if they are of sufficient age and maturity.
Schedule a Confidential Consultation
Whether you are a custodial parent seeking to relocate or a non-custodial parent whose co-parent wants to move your child out of Nevada, Nevada relocation attorney Michelle Hauser provides the direct, strategic counsel you need to protect your rights and your child’s future.
Contact Hauser Family Law today to schedule a confidential consultation. Call (702) 867-8313. Hauser Family Law serves Henderson, NV and the surrounding Clark County area.