I Want To Relocate Out Of The State Of Nevada, But My Ex & Children Are Here. What Do I Do?
First, the question you have to ask is if you want to relocate with your children. If yes, then you
first have to try and obtain the consent of your ex-spouse. See NRS 125C.006 and NRS
125C.0065. If they consent, the next step would be to work out a new visitation agreement. If
you agree to relocate without your children, then you would want to work out a visitation
agreement outlining your visitation schedule with the children remaining in Nevada. Either way,
make sure that the agreement is put in writing, signed by both parties and submitted to the Court
to become your new custody order.
If your ex-spouse does not consent, you need to file a motion requesting relocation in family
court. If you and your ex-spouse share joint physical custody, then you have to file a motion
seeking primary physical custody with the purpose of relocating The reason being is if a party
seeks to relocate with the minor children has joint physical custody, they must first prove to the
Court they should be awarded primary physical custody. See NRS 125C.0065. If you are able to
show you should be awarded primary physical custody, then, and only then, will the court
consider the relocation request.
In considering a parties request to relocate with the minor children, the court will consider the
following factors, as outlined in NRS 125C.007:
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
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
(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
(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.
Note subsection (3) states the parties seeking to relocate bears the burden of proving why
relocating is in the children’s best interest.
Also note that regardless of the end custodial arrangement (either the children remain here or the
children move with the parent), the moving parent who is leaving Nevada is responsible for
100% of all of the travel costs for the minor children to travel to and from Nevada.
If you are considering relocating out of the State of Nevada and need advice on your options,
please contact the Law Offices of Andriea A. Aden, Esq., today to schedule a consultation.