What Is the Nevada Child Relocation Law?
After a divorce or custody order is in place, life changes — and sometimes that includes the desire or need to move to another state. Nevada’s child relocation law governs when and how a parent can move out of state with a child when there is an existing custody arrangement. The law is designed to protect the child’s relationship with both parents while respecting the legitimate needs of the relocating parent. Understanding your rights and obligations before you make any plans is critical. Our child relocation attorneys are ready to help you navigate this complex area of law.
Nevada’s 45-Day Advance Notice Requirement
Under Nevada law (NRS 125C.0035), a parent who wishes to relocate with a child must provide written notice to the other parent at least 45 days before the proposed move. This notice must include the intended destination (city, state, and address if known), the proposed date of the move, and the reason for the relocation. The 45-day notice period gives the other parent time to object and, if necessary, seek court intervention before the move takes place.
Failing to provide the required notice — or moving without it — can have serious legal consequences, including being ordered to return the child to Nevada, being held in contempt of court, and losing credibility in future custody proceedings. Never relocate with your child without following the proper legal process.
When Court Approval Is Required
Whether you need formal court approval depends on the nature of your custody arrangement and whether the other parent consents to the move. If the other parent agrees in writing to the relocation, you can memorialize the agreement in a modified parenting plan and file it with the court — no formal hearing is necessary. However, if the other parent objects to the relocation, you must file a motion with the court requesting permission to relocate. The court will then schedule a hearing and apply a specific legal standard to determine whether to grant the move.
What the Court Considers in Relocation Requests
When a parent seeks permission to relocate over the objection of the other parent, Nevada courts look at several key factors: whether there is a sensible, good-faith reason for the move (not simply to reduce the other parent’s parenting time), whether the child will benefit from the relocation overall, the degree to which the relocating parent has complied with existing court orders, the child’s ties to the current community, and whether a long-distance parenting plan can preserve a meaningful relationship with the non-relocating parent. The court’s focus is always on what arrangement best serves the child’s wellbeing — not the convenience of either parent.
How the Other Parent Can Object
When a parent receives a relocation notice, they have the right to file a formal objection with the court before the move takes place. Filing an objection triggers the court hearing process. The objecting parent will need to demonstrate how the relocation would harm the child’s best interest, why the current custody arrangement should be preserved, and what alternative solutions might address the relocating parent’s needs without requiring the child to move. Our child custody attorneys regularly represent both relocating parents and those seeking to prevent a relocation.
Long-Distance Parenting Plan Requirements
If the court approves a relocation, it will also require a modified long-distance parenting plan. This plan must address how the non-relocating parent will maintain regular contact with the child, including video calls and phone contact, extended parenting time during school breaks and summer, travel arrangements and who pays for transportation, how decisions about the child’s education and healthcare will be made across distance, and procedures for handling emergencies. A well-crafted long-distance parenting plan protects the child’s relationship with both parents — even from hundreds of miles away.
What Happens If You Relocate Without Court Approval
Relocating with a child without following Nevada’s legal process is one of the most serious mistakes a parent can make. Courts treat unauthorized relocation as a violation of the existing custody order. Consequences can include a court order requiring you to return the child to Nevada, loss of primary physical custody, contempt of court charges, and in extreme cases, criminal charges under parental abduction laws. Even if you believe the move is clearly in your child’s best interest, always obtain legal approval first.
Speak with a Nevada Relocation Attorney Before You Move
Whether you are the parent seeking to relocate or the parent trying to prevent an unwanted move, the stakes are high. Attorney Michelle Hauser and the team at Hauser Family Law have extensive experience handling Nevada child relocation cases. Contact us for a confidential consultation at (702) 867-8313 or through our online contact form. We serve Henderson, Las Vegas, and all of Clark County, and we will help you protect what matters most — your relationship with your child.