Nevada Relocation Law and Custody Cases
A relocation attorney in Las Vegas handles one of the most consequential decisions a divorced parent can face — seeking court permission to move a child away from the other parent’s geographic area. Nevada Revised Statutes Section 125C.006 governs relocation requests and requires the relocating parent to provide advance written notice to the other parent and, when contested, to obtain court approval before moving. Violating these requirements can result in contempt findings and loss of custody.
The Notice Requirement
Under Nevada law, a parent seeking to relocate with a child must provide written notice to the other parent at least 45 days before the planned move. The notice must include the intended destination, the proposed revised parenting schedule, and the reason for the relocation. The non-relocating parent then has 30 days to object. If no objection is filed, the relocating parent may proceed. If an objection is filed, the matter proceeds to a court hearing where a judge applies a best-interest analysis.
Factors Courts Consider in Relocation Cases
Nevada courts evaluating a relocation request consider whether the move is proposed in good faith rather than as a strategy to limit the other parent’s contact, whether the relocation will benefit the child through improved economic opportunities or proximity to extended family, and whether a revised visitation schedule can adequately preserve the child’s relationship with the non-relocating parent. Courts also weigh the child’s established ties to school, friends, and community activities in the current location.
Opposing a Relocation Request
A non-relocating parent who believes the move is not in the child’s best interest has the right to contest the relocation in Family Court. Grounds for opposition include a history of the relocating parent undermining the other parent’s relationship with the child, lack of legitimate justification for the move, or evidence that the child’s welfare would be harmed by uprooting from an established environment. A Las Vegas relocation attorney builds the evidentiary record needed to mount an effective opposition.
Emergency Motions When a Parent Moves Without Permission
If a co-parent relocates with a child without providing required notice or obtaining court approval, the remaining parent can file an emergency motion for return of the child. Nevada courts treat unauthorized relocation extremely seriously, and judges have broad authority to order the child’s return and impose sanctions including attorney’s fee awards and custody modifications as a consequence of the violation.