Nevada has recently adopted statutes which codify Nevada case law in regards to relocation. Specifically see NRS Chapter 125C.006, NRS 125C.0065, and NRS 125C.007.
If the parties do not agree, the relocating parent must petition the court for an order allowing that parent to relocate. The burden is on the relocating parent to show the court why their request to relocate with the minor children should be granted.
If the parents share joint physical custody, the relocating parent must first move the court for primary physical custody. If the court finds the parent has shown the court they should be awarded primary physical custody, the Court then assesses the factors outlined in NRS 125C.007 in determining whether the relocation is in the children’s best interest.
If one parent already has primary physical custody, then in order to relocate with the minor children, that parent must prove to the Court why relocation is in the children’s best interest per the factors outlined in NRS 125C.0070.
Relocation is often the most difficult area of family law as there is little room for compromise. If you have questions on seeking relocation or defending against the other parent’s request to relocate, contact the Law Offices of Andriea A. Aden, Esq. at 775-622-9245 to schedule your consultation.