If there is a custody order in place, can I relocate?
If you have joint physical custody of your child and you want to relocate to another state or you plan to move within Nevada but the move is far enough away that it would “substantially impair (harm) the ability of the other parent to maintain a meaningful relationship with the child,” you must attempt to get written consent to relocate with the child from the non-relocating parent. If the non-relocating parent refuses to give that consent, you must file a petition in court for permission to relocate with the child. Both of these steps must be done before relocating. Note: The court can order the non-relocating parent to pay you reasonable attorney’s fees and court costs if the judge believes that s/he refused to consent to the relocation to harass you or without having reasonable grounds for such refusal.1
If you relocate with your child without the written consent of the non-relocating parent or without the permission of the court, you may be committing the crime of custodial interference.2 Note: If a parent with primary physical custody or joint physical custody relocates with a child in violation of the custodial interference law, and the non-relocating parent files a court case in response to this violation, you may have to pay his/her attorney’s fees and costs.3
To read about how the judge will decide whether or not to give you permission to relocate, go to What factors will a judge consider when deciding if I can relocate?
We suggest getting legal advice from an attorney who is knowledgeable about Nevada’s relocation laws about your particular situation. You can find a lawyer near you on our NV Finding a Lawyer page.
1 N.R.S. § 125C.0065(1)-(2)
2 N.R.S. § 125C.0065(3)
3 N.R.S. § 125C.0075(2)