Relocate with Child From Las Vegas, Nevada

Updated: Jul 7, 2019

Moving your child from Nevada where the other parent lives will require a lot of proof to show a judge. Consider the factors set forth in this video before making the decision to relocate.

The courts grapple with determining which parent should have primary physical custody of a child when one parent is intent on moving away from Nevada. The moving parent may want to have primary custody and move with the child. The staying parent may want to have primary physical custody and keep the child in Nevada. If the parents cannot agree, the court will look at the following factors in order to make a decision. In order to convince the court, a parent will have to prove with evidence as many of the factors as they can favor that parent's position. Experienced family lawyers who have gone to trial on child relocation cases can give valuable insight into this matter, including what kinds of alternative visitation are available, how child support might be affected, and who pays for travel expenses.

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; 2:58

(b) The best interests of the child are served by allowing the relocating parent to relocate with the child; and 3:28

(c) The child and the relocating parent will benefit from an actual advantage as a result of the relocation. 4:01

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; 5:28

(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; 6:00

(c) Whether the relocating parent will comply with any substitute visitation orders issued by the court if permission to relocate is granted; 7:27

(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; 8:51 (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 9:50

(f) Any other factor necessary to assist the court in determining whether to grant permission to relocate. 11:05

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. (Added to NRS by 2015, 2588)

NRS 125C.0035  Best interests of child: Joint physical custody; preferences; presumptions when court determines parent or person seeking custody is perpetrator of domestic violence or has committed act of abduction against child or any other child. [...]

4.  In determining the best interest of the child, the court shall consider and set forth its specific findings concerning, among other things:

(a) The wishes of the child if the child is of sufficient age and capacity to form an intelligent preference as to his or her physical custody. 2:19

(b) Any nomination of a guardian for the child by a parent. 6:54

(c) Which parent is more likely to allow the child to have frequent associations and a continuing relationship with the noncustodial parent. 7:53

(d) The level of conflict between the parents. 10:22

(e) The ability of the parents to cooperate to meet the needs of the child. 12:33

(f) The mental and physical health of the parents. 14:05

(g) The physical, developmental and emotional needs of the child. 15:09

(h) The nature of the relationship of the child with each parent. 16:48

(i) The ability of the child to maintain a relationship with any sibling. 18:15

(j) Any history of parental abuse or neglect of the child or a sibling of the child. 19:30

(k) Whether either parent or any other person seeking physical custody has engaged in an act of domestic violence against the child, a parent of the child or any other person residing with the child. 21:07

(l) Whether either parent or any other person seeking physical custody has committed any act of abduction against the child or any other child. 24:56

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Anthony M. Wright, Esq. has been a domestic relations attorney in Las Vegas, Nevada since 2005. His practice primarily has focused on all incidents of Las Vegas Divorce and Las Vegas child custody including all the municipalities around Las Vegas.

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