Relocation of Children

702 565-4335

McFarling Law Group routinely represents parents in initial and post-decree requests to relocate the minor child(ren) to another state. Whether you are seeking to relocate your minor child or defending against a relocation request, McFarling Law Group can help.

A parent cannot relocate his or her minor children out of Nevada without obtaining written permission from the other parent or by a court order.

The Legal Standard

In considering a relocation of a minor child, the court will consider the following:

 NRS 125C.006  Consent required from noncustodial parent to relocate child when primary physical custody established; petition for permission from court; attorney’s fees and costs.

      1.  If primary physical custody has been established pursuant to an order, judgment or decree of a court and the custodial parent intends to relocate his or her residence to a place outside of this State or to a place within this State that is at such a distance that would substantially impair the ability of the other parent to maintain a meaningful relationship with the child, and the custodial parent desires to take the child with him or her, the custodial parent shall, before relocating:

      (a) Attempt to obtain the written consent of the noncustodial parent to relocate with the child; and

      (b) If the noncustodial parent refuses to give that consent, petition the court for permission to relocate with the child.

      2.  The court may award reasonable attorney’s fees and costs to the custodial parent if the court finds that the noncustodial parent refused to consent to the custodial parent’s relocation with the child:

      (a) Without having reasonable grounds for such refusal; or

      (b) For the purpose of harassing the custodial parent.

      3.  A parent who relocates with a child pursuant to this section without the written consent of the noncustodial parent or the permission of the court is subject to the provisions of NRS 200.359.

 

      NRS 125C.0065  Consent required from non-relocating parent to relocate child when joint physical custody established; petition for primary physical custody; attorney’s fees and costs.

      1.  If joint physical custody has been established pursuant to an order, judgment or decree of a court and one parent intends to relocate his or her residence to a place outside of this State or to a place within this State that is at such a distance that would substantially impair the ability of the other parent to maintain a meaningful relationship with the child, and the relocating parent desires to take the child with him or her, the relocating parent shall, before relocating:

      (a) Attempt to obtain the written consent of the non-relocating parent to relocate with the child; and

      (b) If the non-relocating parent refuses to give that consent, petition the court for primary physical custody for the purpose of relocating.

      2.  The court may award reasonable attorney’s fees and costs to the relocating parent if the court finds that the non-relocating parent refused to consent to the relocating parent’s relocation with the child:

      (a) Without having reasonable grounds for such refusal; or

      (b) For the purpose of harassing the relocating parent.

      3.  A parent who relocates with a child pursuant to this section before the court enters an order granting the parent primary physical custody of the child and permission to relocate with the child is subject to the provisions of NRS 200.359.

 

      NRS 125C.007  Petition for permission to relocate; factors to be weighed by court.

      1.  In every instance of a petition for permission to relocate with a child that is filed pursuant to NRS 125C.006 or 125C.0065, the relocating parent must demonstrate to the court that:

      (a) There exists a sensible, good-faith reason for the move, and the move is not intended to deprive the non-relocating parent of his or her parenting time;

      (b) The best interests of the child are served by allowing the relocating parent to relocate with the child; and

      (c) The child and the relocating parent will benefit from an actual advantage as a result of the relocation.

      2.  If a relocating parent demonstrates to the court the provisions set forth in subsection 1, the court must then weigh the following factors and the impact of each on the child, the relocating parent and the non-relocating parent, including, without limitation, the extent to which the compelling interests of the child, the relocating parent and the non-relocating parent are accommodated:

      (a) The extent to which the relocation is likely to improve the quality of life for the child and the relocating parent;

      (b) Whether the motives of the relocating parent are honorable and not designed to frustrate or defeat any visitation rights accorded to the non-relocating parent;

      (c) Whether the relocating parent will comply with any substitute visitation orders issued by the court if permission to relocate is granted;

      (d) Whether the motives of the non-relocating parent are honorable in resisting the petition for permission to relocate or to what extent any opposition to the petition for permission to relocate is intended to secure a financial advantage in the form of ongoing support obligations or otherwise;

      (e) Whether there will be a realistic opportunity for the non-relocating parent to maintain a visitation schedule that will adequately foster and preserve the parental relationship between the child and the non-relocating parent if permission to relocate is granted; and

      (f) Any other factor necessary to assist the court in determining whether to grant permission to relocate.

      3.  A parent who desires to relocate with a child pursuant to NRS 125C.006 or 125C.0065 has the burden of proving that relocating with the child is in the best interest of the child.

The court shall state, in its decision, the reasons for the granting or denial of the relocation.

How the Court Process Works

Unless agreed upon, an order granting a relocation of a minor child generally only occurs after the court conducts an evidentiary hearing and can make proper findings of fact and conclusions of law.

Initial custody proceedings: In an initial custody proceeding, whether a stand alone custody or paternity case or a divorce case, either parent may include in their child custody requests a request to relocate the child out of Nevada. This issue will generally be heard with the other issues in the case.

Motions to relocate after an initial custody order: The first step in asking to relocate a minor child is to file a motion. The motion will result in a hearing wherein the judge will determine whether to proceed further. The judge at the first hearing may deny the motion, send the parties to mediation, set an evidentiary hearing, or gather additional information before determining how to proceed. McFarling Law Group can assist in all phases of the relocation request process from drafting motions and oppositions to putting on the best case at an evidentiary hearing, which is similar to a trial.

Reaching an Agreement

At any time, Parties can agree to allow the relocation of their minor child(ren) to another state. This should be done through a parenting plan or stipulation and order signed by a judge and filed with the Court. If you need help negotiating an agreement or have reached an agreement and simply need to make sure the paperwork is done properly, McFarling Law Group can help.

Experienced Attorneys at Your Side

Relocation of children out of the state of Nevada is never an easy task. It is beneficial to have an experienced child relocation attorney who knows the laws and standards necessary to move your children out of state.

At McFarling Law Group, our divorce lawyers are experienced in all family law matters, including child custody and relocation with minor children. If you would like to schedule a consultation with an experienced child custody lawyer in Las Vegas, NV area, call our office at 702.565.4335.

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