When a marriage ends and children are involved, the question of where those children will live — and with whom — becomes one of the most emotionally charged issues in any Nevada divorce. If you’re thinking about moving out of state with your child after a divorce, or if you’re the other parent concerned about your ex relocating, you need to understand Nevada’s relocation laws before taking any action.
Nevada’s Relocation Statute: What It Says
Under NRS 125C.006 and NRS 125C.007, a parent with primary or joint physical custody generally cannot move a child out of state — or to a significantly distant location within Nevada — without either the other parent’s written consent or a court order approving the move.
This law exists to protect both parents’ relationships with their children and to preserve existing custody arrangements that were established in the best interests of the child.
Does It Matter Whether You Have Primary or Joint Custody?
Yes — significantly. Here’s how Nevada courts handle relocation depending on custody structure:
Primary physical custody (one parent has more than 60% of parenting time): The relocating parent has a somewhat easier path. Courts will generally approve the relocation if the move is in good faith (e.g., for a job, family support, lower cost of living) and the non-moving parent’s visitation can be reasonably preserved through a revised schedule — typically longer blocks of time during summers and holidays.
Joint physical custody (roughly 50/50 parenting time): Relocation is much harder. The parent seeking to relocate must demonstrate compelling reasons for the move, and the court will closely examine whether the move genuinely benefits the children or primarily serves the parent’s interests. Courts are often reluctant to approve relocations that would effectively end joint custody arrangements.
The Court’s Analysis: What Judges Consider
If the other parent objects and the matter goes before a Clark County Family Court judge, the court will evaluate several factors, including:
- Whether the move is being made in good faith (not to interfere with the other parent’s relationship with the child)
- The reason for the relocation — a confirmed job offer or family medical need carries more weight than a vague desire for a “fresh start”
- The child’s age, school situation, social ties, and overall adjustment to current environment
- The nature and strength of the child’s relationship with each parent
- Whether a realistic revised visitation plan can preserve the non-relocating parent’s involvement
- The child’s own preference, depending on age and maturity
- The financial ability of both parents to facilitate travel for visitation
What Happens If You Move Without Court Approval?
Moving out of state with your child without the other parent’s consent and without a court order is a serious legal mistake that can have lasting consequences. A Nevada court can:
- Order you to return the child to Nevada immediately
- Hold you in contempt of court
- Modify custody in favor of the other parent as a result of the unauthorized move
- In extreme cases, refer the matter to law enforcement under parental abduction statutes
Even if you believe the move is in your child’s best interest, acting unilaterally will almost always damage your credibility with the court and harm your case.
The Right Way to Request Relocation in Nevada
The proper approach is to:
- Attempt negotiation first. If the other parent agrees to the relocation, you can draft a modified custody agreement and submit it to the court for approval. This is the fastest and least costly route.
- File a Motion to Relocate with the Clark County Family Court if the other parent refuses consent. You’ll need to provide detailed information about where you’re moving, why, and a proposed modified custody schedule.
- Attend a hearing. Both parents will have the opportunity to present their positions. The judge will rule based on the child’s best interests.
Speak With a Las Vegas Relocation Attorney
Relocation disputes are among the most contested matters in Nevada family law. Whether you’re the parent seeking to relocate or the parent trying to prevent the move, having an experienced attorney in your corner makes a significant difference in the outcome.
Attorney Michelle Hauser and the team at Hauser Family Law have extensive experience with Nevada relocation cases. We understand the law, the local courts, and what it takes to protect your relationship with your children.
Contact Hauser Family Law today to schedule a consultation and discuss your options.