A child relocation attorney in Nevada can help you navigate one of the most complex disputes in family law: the right to move with your child after divorce. Whether you are seeking permission to relocate or fighting to prevent a co-parent from moving away with your children, Michelle Hauser at Hauser Family Law provides experienced representation in Las Vegas area relocation cases.
Nevada’s Child Relocation Law — NRS 125C.006
Nevada has strict rules governing parental relocation with a child. Under NRS 125C.006, a parent with primary physical custody who wishes to move more than 100 miles from the other parent — or out of state — must either obtain written consent from the other parent or seek court approval. The relocating parent bears the burden of proving that the move is in the child’s best interest. Courts do not automatically favor relocation even when the move would benefit the relocating parent professionally or financially.
What Factors Does a Nevada Court Consider for Relocation?
Nevada courts apply a multi-factor test when evaluating relocation requests. Key factors include: the economic, emotional, or educational reasons for the move; whether the relocation will improve the quality of life for both the parent and child; the feasibility of preserving the non-relocating parent’s relationship through modified visitation; the child’s ties to Nevada including school, friends, and extended family; and the child’s preference if they are of sufficient age and maturity.
What If the Other Parent Won’t Consent to Relocation?
If the other parent withholds consent, the relocating parent must file a motion with the Clark County Family Court seeking permission to move. The court will schedule a hearing and may appoint a Guardian ad Litem to represent the child’s interests. In contested relocation cases, expert testimony from psychologists or educators is sometimes presented. Nevada Revised Statutes Chapter 125C sets out the full framework for custody and relocation disputes.
If You Are the Non-Relocating Parent
If your co-parent has announced plans to move with your child — or has already moved without permission — you need immediate legal help. An attorney can file an emergency motion to stop the relocation or require the child’s return while the matter is before the court. Your parental rights are protected under Nevada law, and courts take these disputes seriously.
Contact Hauser Family Law to speak with a child relocation attorney in Las Vegas about your case. Michelle Hauser handles parental relocation disputes throughout Henderson, Las Vegas, and Clark County. Call (702) 867-8313 for a consultation.
Preparing for a Relocation Hearing in Nevada
Whether you are the parent seeking to relocate or the parent opposing it, preparation is essential for a relocation hearing in Clark County Family Court. Relocating parents should gather documentation of the job opportunity or family support system at the new location, detailed proposed visitation schedules that preserve the other parent’s time, school and community resources at the destination, and the child’s current school performance and social ties. Opposing parents should document the depth of their current relationship with the child — activities, school involvement, extended family contact — and explain concretely why relocation is not in the child’s best interest. Both sides benefit from starting this preparation well before any hearing date.
Frequently Asked Questions
What happens if I move without court permission in Nevada? Moving with a child without required court permission is a serious legal mistake. The court can order the child returned to Nevada, hold you in contempt, and may modify custody in favor of the parent who remained. Emergency orders can be obtained quickly. Always consult an attorney before taking any relocation action.
How far can I move before I need court permission in Nevada? Under NRS 125C.006, you need court permission or the other parent’s written consent to move more than 100 miles from the other parent or to move out of state. Moves within 100 miles and within Nevada generally do not require court approval unless your custody order specifically restricts relocation.
Can the court force me to stay in Nevada? Nevada courts cannot prevent you personally from moving. However, if you share custody and wish to take the child, the court can order the child to remain in Nevada with the other parent if relocation is not approved. You would then face a choice between your parenting relationship and the relocation opportunity — making advance legal planning critical.