Nevada child relocation — when a parent with primary or joint physical custody seeks to move with the child to a different city, state, or country — is one of the most contentious issues in Nevada family law. The stakes are high: a successful relocation can dramatically reduce the other parent’s parenting time, while a denial can prevent a parent from accepting a career opportunity or returning to family support. Nevada law requires advance notice and, when the other parent objects, a court hearing to determine whether relocation is in the child’s best interest.
Nevada Relocation Notice Requirements
NRS 125C.0065 requires a parent who intends to relocate with a minor child to provide written notice to the other parent at least 45 calendar days before the proposed move. The notice must specify the new address (or as specific a location as known at the time), the date of the planned move, and a proposed new parenting time schedule. The other parent then has 30 days to file a motion to prevent relocation. If the other parent does not object within 30 days, the relocating parent may proceed. Failure to provide 45-day advance notice is a violation of the custody order and can result in contempt proceedings, even if the relocation would have been approved by the court had notice been given. The 45-day requirement is strictly enforced — job offers that require immediate starts, family emergencies, or domestic violence situations are addressed through separate emergency procedures, not by bypassing the notice requirement.
The Schwartz Best-Interest Analysis for Relocation
When the other parent objects to relocation, the court conducts a best-interest analysis drawn from the Schwartz v. Schwartz line of Nevada cases. The factors include: the relocating parent’s reason for the move, including whether it is in good faith and not designed to deprive the other parent of contact; the child’s ties to each parent and to the current community; the quality of the child’s relationship with each parent and the likely impact of relocation on those relationships; the ability to maintain a meaningful relationship with the non-relocating parent through alternative parenting time arrangements; and the child’s preference if the child is of appropriate age. Courts apply these factors without a presumption for or against relocation — the result depends heavily on the specific facts.
Contact Hauser Family Law
Hauser Family Law represents parents in Nevada child relocation proceedings, both seeking and opposing relocation. Contact us for a consultation.