After a Nevada divorce, if a parent with physical custody of the children wants to move out of state — or even to a distant location within Nevada — they face one of the most complex areas of family law: relocation. Nevada’s relocation statute imposes strict requirements on custodial parents seeking to move with their children, and non-custodial parents have significant rights to contest a relocation that would diminish their parenting time. Hauser Family Law represents both relocating parents and parents opposing relocation throughout Las Vegas and Clark County.
Nevada’s Relocation Statute
NRS 125C.0065 governs relocation of children by a custodial parent in Nevada. A parent who has primary physical custody and intends to relocate with the child to a location that is outside of Nevada, or within Nevada but in a way that would substantially impair the other parent’s parenting time, must either: obtain the written consent of the other parent; or obtain a court order permitting the relocation. The notice requirement under Nevada law is significant: the relocating parent must provide written notice to the other parent at least 45 days before the intended move (unless the relocation is in response to a domestic violence emergency). The non-custodial parent then has 30 days to object. If there is an objection, the court schedules a hearing to determine whether the relocation should be permitted.
How Nevada Courts Decide Relocation Petitions
Nevada courts apply a multi-factor balancing test to relocation requests, drawn from Schwartz v. Schwartz (the Nevada Supreme Court’s leading relocation case): the extent to which the relocation is likely to improve the quality of life for the child and the custodial parent; the motives of the custodial parent in seeking the move, and whether the motive is to defeat the non-custodial parent’s relationship with the child; the motives of the non-custodial parent in opposing the move, and whether opposition is designed to maintain contact or to exert control; whether there is a realistic opportunity to maintain the relationship between the non-custodial parent and the child through a revised parenting plan; the child’s ties to each parent, siblings, and the current community; and the child’s age and stage of development (younger children are more adaptable; older adolescents have stronger ties to schools and peers). No single factor is determinative — the court weighs the totality of circumstances with the child’s best interest as the paramount consideration.
What Relocation Courts Look at Specifically in Las Vegas Cases
In practice, Nevada courts look for: a genuine, substantial reason for the relocation (a job opportunity with documented offer and salary; a new marriage; proximity to extended family providing caregiving support) — not a desire to distance the child from the other parent; a detailed, realistic proposed parenting plan showing how the non-custodial parent will maintain meaningful contact (more extended summer visits, holidays, video calling schedules, transportation cost sharing); evidence of the child’s current adjustment and the likely impact of the move on the child’s schooling, friendships, and routine; and the non-custodial parent’s involvement with the child — courts are less likely to block a move when the non-custodial parent has been minimally involved, and more protective of the relationship when the non-custodial parent has been consistently present.
Emergency Relocation and Domestic Violence
Nevada law provides an exception to the 45-day notice requirement when the relocating parent and/or child are fleeing domestic violence. A parent who needs to relocate immediately to protect themselves or their children from an abusive partner should seek emergency ex parte orders from the family court authorizing the relocation and establishing temporary custody arrangements. Documentation of the domestic violence — police reports, protective orders, medical records, photographs — is essential to support the emergency application.
Contact Hauser Family Law for Nevada Relocation Cases
Whether you are seeking to relocate with your children or opposing a move that would reduce your parenting time, Hauser Family Law provides experienced relocation representation in Las Vegas. Call (702) 867-8313 for a consultation.