As a family law attorney, one of the most emotional and complex situations I help clients navigate is relocation—when a parent wants to move far enough that it will significantly change the other parent’s time with the child. Maybe you’ve received a dream job offer in another state. Maybe you need family support in a different city. Or maybe you’re worried because your co-parent says they’re moving and you fear losing meaningful time with your child.
Relocation cases are about law and logistics and life. Nevada requires a careful legal showing before a parent can move in a way that impacts the other parent’s time, and courts will scrutinize motives, practicalities, and the child’s needs. Below, I’ll explain Nevada’s legal framework, the evidence that actually moves the needle, how to build a long-distance parenting plan, and what to do whether you’re requesting permission to relocate or opposing it.
Nevada’s relocation framework: the big picture in plain English
In Nevada, a parent who wants to relocate with a child in a way that meaningfully affects the other parent’s time must either obtain the other parent’s written consent or get permission from the court before moving. When a judge reviews a relocation request, the court first checks whether the relocating parent clears certain threshold showings; if so, the court then weighs a series of best-interest and impact factors. (The specific list lives in Nevada’s custody and visitation statutes.)
Think of relocation analysis in two steps:
- Threshold (the relocating parent must show):
- The move is proposed for a sensible, good-faith reason (not to cut out the other parent).
- The move is in the child’s best interests.
- The child and the relocating parent will realize an actual advantage from the move (for example, better financial stability, support network, education, or quality of life).
- Balancing (if the threshold is met):
The court weighs specific relocation factors—quality-of-life improvements, motives of each parent, feasibility of a long-distance plan, the child’s needs and relationships, and the practical impact on both parents—before deciding.
This two-stage approach ensures relocation decisions remain child-focused and evidence-driven, not just based on desire or convenience.
What judges mean by “best interest” and “actual advantage”
“Best interest” is the backbone of all Nevada custody decisions. Courts look at a list of statutory factors: your child’s physical and emotional needs, relationships with each parent and siblings, stability of schooling and routines, each parent’s ability to cooperate, any safety concerns, and the real-world logistics of the plan. There is no automatic preference for one parent based on gender or historical stereotypes—the analysis is individualized and fact-specific.
“Actual advantage” is specific to relocation. It asks: What real, tangible benefits will this move create for the child and the relocating parent? Examples might include: a strong job opportunity that increases stability, extended family support that improves childcare and continuity, safer housing or a better school district, reduced living costs that enable more resources for the child, or access to necessary medical or therapeutic services. The key is proof, not promises.
Are you the relocating parent? How to build a persuasive case
A compelling relocation petition tells a complete, credible story backed by documents—not just hopes. Here’s how we build it:
1) Establish your good-faith reason
- Employment: Offer letters with salary/benefits; cost-of-living comparisons; employer statements about career trajectory.
- Family support: Declarations from relatives describing available childcare, school pickup help, and continuity of traditions and culture.
- Housing and safety: Lease/purchase agreements, crime data, photos, proximity to parks, school ratings, and transportation.
- Education and services: Proof of school placement options, IEP/504 services if applicable, waitlist positions for therapies, or specialty medical providers.
2) Translate benefits into the child’s daily life
Don’t just say “better school.” Show: class sizes, programs your child will actually use, after-school options, commute times, and how extracurriculars continue (or expand). If healthcare access improves, provide appointment availability and provider letters. If living costs drop, show a budget that demonstrates more resources for the child.
3) Present a complete long-distance parenting plan
Courts want to see that the child’s relationship with the non-relocating parent will remain meaningful. Your plan should include:
- Time blocks: Extended summer and winter breaks, alternating spring breaks, and designated long weekends during the school year.
- Travel logistics: Who books, booking windows (e.g., 30–45 days in advance), allowable flight times, escorts for younger children, and local exchange locations.
- Cost sharing: Specific cost allocations or travel deviations in support to keep the schedule affordable and consistent.
- Virtual contact: Standing times for video calls (e.g., three evenings weekly at set times), with expectations around privacy and technology.
- Holidays/birthdays: Alternation or set patterns with exact start/end times and backup rules if a travel delay occurs.
- Make-up time: Clear provisions when time is missed due to travel disruptions or illness.
4) Address motives and cooperation
Courts examine why you’re moving and whether you’ll support the other parent’s relationship post-move. Demonstrate a history of sharing information, encouraging contact, and proposing solutions when schedules shift. If conflict has been high, show recent improvements and propose structured tools (parenting apps, shared calendars).
Are you opposing the move? How to present a strong objection
If you’re the non-relocating parent, your case should respectfully emphasize what the child will lose, why the proposed plan is unworkable, and how your involvement today benefits the child.
1) Document your day-to-day role
- School involvement: Parent-teacher emails, portal screenshots, tutoring coordination, attendance at conferences and events.
- Healthcare: Evidence of attending appointments, managing medications/therapies, and communicating with providers.
- Routines and activities: Transportation to practices and clubs, homework support, and consistent caregiving patterns.
- Support network: Local relatives, coaches, tutors, and community that form the child’s safety net in Las Vegas.
2) Show the practical costs of distance
- Feasibility: If flights are long or costly, lay out the schedule conflicts, time zones, and missed school days.
- Developmental fit: Explain why frequent travel is hard for your child’s age or needs; include provider letters when appropriate.
- Educational impact: How mid-semester travel or long absences could disrupt grades, IEP services, or extracurricular commitments.
3) Offer reasonable alternatives
Judges appreciate parents who problem-solve. If the relocating parent’s job is the driver, suggest local options (when realistic) or delayed timing (e.g., after the school year). If the court is inclined to allow the move, propose a more balanced long-distance plan (larger summer block, more virtual contact, cost-sharing) to protect the relationship.
Temporary orders, timing, and the “status quo”
Relocation cases move on two tracks: the legal standard and timing. If a parent moves without permission when permission is required, courts can order the child’s return and may award fees. Conversely, when the court sets a temporary schedule while the case is pending, that status quo can influence final decisions—so it’s important to act promptly and seek temporary orders that reflect your child’s best interests now, rather than waiting for trial to fix a lopsided interim arrangement.
Practical tip: File early, request a clear briefing schedule, and ask for a focused evidentiary hearing if the stakes are urgent (for example, a job start date or a school enrollment cutoff).
Safety, coercion, and realistic risk management
If there are safety concerns—domestic violence, coercive control, substance misuse—the court’s analysis changes. In those cases, we prioritize protective orders, supervised exchanges or visits when appropriate, and communication boundaries. The goal is to keep the focus on the child’s stability and safety while ensuring any long-distance plan does not expose the child or either parent to risk. Evidence matters: police reports, medical records, therapist letters, and contemporaneous messages that reflect concerning behavior.
Crafting orders that prevent future fights
Whether the court grants or denies relocation, your final order should be detailed enough to avoid monthly disputes. In relocation matters, I draft with enforcement at the forefront:
- Exact exchange dates/times and time-zone clarity
- Airline/escort rules for minors, allowed layover durations, and backup carriers
- Who books, when they book, and how confirmation is shared
- Travel cost allocations and how they intersect with child support
- Virtual contact cadence and etiquette (quiet space, device readiness)
- School calendars baked in with automatic holiday overrides
- Make-up time formulas for missed time due to travel or weather
- Annual recalibration dates to adjust for new school schedules or youth sports
Specificity now is peace later.
Common myths I hear (and what the law actually looks at)
“If I have primary custody, I can just go.”
Not if the move significantly impacts the other parent’s rights. Nevada requires consent or court permission. Judges can and do order returns and may assess fees for improper relocations.
“If I get a better job, the court must allow it.”
A better job is helpful evidence, but the court still weighs the child’s best interests, the actual advantage to the child and relocating parent, and the feasibility of preserving the other parent’s relationship.
“If I oppose the move, the other parent can’t relocate at all.”
A parent can still move personally; the legal question is whether the child may relocate. The court may deny relocation but modify the schedule if a parent moves anyway.
“Long-distance schedules always mean the non-moving parent gets summers only.”
Not automatically. Many orders combine extended summers, alternating major breaks, long weekends, and robust virtual contact, tailored to the child’s age and school requirements.
Evidence checklist (both sides)
For the relocating parent:
- Job offer/transfer letters; salary and benefits; cost-of-living comparisons
- New housing details (address, lease/contract, school zoning, commute times)
- School specifics (programs, class sizes, start/end times) and medical/therapy availability
- A complete long-distance schedule with travel and cost-sharing mechanics
- A cooperation record: prior information-sharing, make-up time offered, respectful tone
For the non-relocating parent:
- Documentation of day-to-day engagement (school, medical, extracurriculars)
- Travel feasibility analysis (flight schedules, prices over the last year, time zones)
- Developmental considerations (letters from teachers or providers)
- Community ties (extended family, mentors, teams) anchoring the child in Las Vegas
- A reasonable counter-proposal that preserves meaningful contact if the move is granted
How I approach relocation cases
- Child-centered and transparent: We identify what the child needs to thrive, then tell a clear story—supported by documents—about how the plan meets those needs.
- Respectfully persuasive: We do not demonize the other parent. We test claims against proof and present reasonable, workable solutions.
- Precision drafting: We write orders that work on Monday morning: flight times, hand-off rules, and reimbursement deadlines.
- Proportionate process: We conserve resources by focusing experts and discovery on the deciding issues—not everything under the sun.
- Safety first: If there’s credible risk, we address it directly and ask the court for appropriate safeguards.
FAQs: quick answers for Las Vegas parents
Do I need permission to take my child out of state for a short vacation?
Vacations and relocations are legally different. Short trips may be permitted under your order (often with notice), but a move that changes the parenting schedule generally requires consent or court permission. Check your decree and talk with counsel before you travel during a pending case.
What if I move without permission?
Courts can order the child’s return and may award attorney’s fees and costs. It can also damage your credibility in the case.
How long do relocation cases take?
It depends on complexity and court calendars. We often seek temporary orders or a focused evidentiary hearing if job start dates or school enrollments create urgency.
Will the court interview my child?
Sometimes, depending on age and maturity. The court has tools (e.g., in-camera interviews or child interview specialists) to consider a child’s preferences appropriately.
If relocation is granted, will child support change?
Possibly. Travel-cost allocations or schedule changes can intersect with support. We address both together so your order is coordinated and enforceable.
Ready to talk through your options?
Relocation decisions shape your child’s daily life and your family’s future. If you’re in Las Vegas, Henderson, Summerlin, North Las Vegas, or Boulder City, I can help you evaluate your case, gather the right evidence, and craft a plan that fits real life—whether you’re seeking permission to move or standing to preserve your relationship right here in Clark County.
Visit hauserfamilylaw.com to schedule a consultation. You’ll leave with a clear strategy, a document checklist, and a draft plan that anticipates what the court needs to see.