Can I Relocate Out of Nevada with My Child After a Divorce?
It’s possible. A parent wishing to relocate out of state with their child must ask a judge for permission. Pursuant to NRS 125C.007, the court will consider multiple factors before deciding.
The judge decides whether child custody relocation is in the best interest of the child. If that cannot be determined, the custodial parent will be required to stay in the state.
Many states only allow child custody relocation if there is a custody agreement in place with a proposed visitation schedule for the co-parents. This is typically in the form of a provision in a child custody plan during the child custody hearings.
Nevada requires a custodial parent to provide written notice to the non-custodial parent of the proposed move in advance. The non-custodial parent may respond with their consent or object by filing a motion with the court.
Nevada courts expect the relocating parent to provide a written statement expressing the reason for the move and how it is in “good faith.” Good faith reasons to relocate a child from their current environment may include:
- Live closer to family who may assist with childcare
- Starting a new job or career advancement
- New marriage
- Continued education
Moving away from your ex for revenge is not considered “good faith.” In fact, the non-custodial parent’s reasons for objecting to the move are also taken into consideration.
Unlawful Relocation with a Child
If a parent ignores the court order and moves out of state with their child without consent, the parent violates NRS 200.359. A judge may sanction the custodial parent with fines and jail time. The judge may also change the custody agreement completely, favoring the noncustodial parent.
There are plenty of reasons why a parent would want to move with their child, but this luxury is often restricted when child custody orders are in place. If you plan to relocate out of Nevada with your child, seek legal advice right away. Contact Nevada child custody attorney’s at Carlson & Work to discuss your situation.
