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Legal Information: Nevada

Custody

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Updated: 
March 26, 2018

What factors will a judge consider when deciding if I can relocate?

When you file a petition for permission to relocate, you (the relocating parent) have to first show the following things to the judge:

  1. there is a sensible, good-faith reason for the move, and the move is not intended to deprive the non-relocating parent of his/her parenting time;
  2. it is in the best interests of the child to allow the relocation; and
  3. you and your child will benefit from an "actual advantage" as a result of the relocation.1

If you can prove all three of the above-listed things, then the judge must weigh the following factors and the impact of each on the child, you (the relocating parent), and the non-relocating parent:

  • how much the relocation is likely to improve the quality of life for you and the child;
  • if your motives for relocating are honorable (and not designed to frustrate or defeat the other parent's visitation rights);
  • if you will follow any new visitation orders issued by the court;
  • if the motives of the non-relocating parent in objecting to the relocation are honorable (or if s/he is opposing it just to try to get you to agree to a lower child support or alimony payment or to gain some other financial advantage);
  • if there will be a realistic opportunity for the non-relocating parent to maintain a visitation schedule that will adequately encourage and maintain the relationship between the child and the noncustodial parent; and
  • any other factor necessary to help the judge make this decision.2

1 N.R.S. § 125C.007(1)
2 N.R.S. § 125C.007(2)