When can a custodial parent relocate with their child?

When can a custodial parent relocate with their child?

| Apr 25, 2021 | Child Custody, Family Law |

Life, even after divorce, is always changing. Sometimes a custodial parent will get a great job offer in another part of the country, wishes to move to a place with a better standard of living or wants to live closer to family. In such cases, the custodial parent may want to relocate with the child. However, such moves cannot be made on a whim.

Relocation in Nevada

Under Nevada law, if a parent in Nevada wishes to move outside of Nevada or anywhere within Nevada that is so far away from the child’s other parent that it would seriously harm the child’s relationship with the child, the parent wishing to move must obtain permission either from the child’s other parent or the court. The relocating party has the burden of showing that there is a sensible, good faith reason for the relocation, that the relocation is in the child’s best interests and that the child and relocating parent would both benefit from the move. Also, if the relocating parent does not currently have primary physical custody of the child, they also must show that it is in the best interests of the child for the relocating parent to have primary physical custody of the child.

The impact of the move on the child and parents

Furthermore, the court will determine how the move would impact the child and each parent. To do so, the court will weigh several factors. The court will consider whether the move would improve the child’s quality of life and the relocating parent’s quality of life. The court will also consider the relocating parent’s motive — is it honorable, or just designed to impede on the other parent’s visitation rights? Similarly, the non-relocating parent’s motive will also be considered — do they have an honorable reason to contest the move or are they simply trying to obtain more child support? In addition, the court will consider whether the relocating parent will follow any substitute visitation orders if the court grants them permission to move with the child. The court will also consider whether there is a realistic way for the non-relocating parent to keep up a visitation schedule with the child that preserves their relationship with the child if the relocating parent is allowed to move with the child. Finally, the court will consider any other relevant factors.

Learn more about child custody in Nevada

Ultimately, this post is for educational purposes only and does not contain legal advice. Those who want more information about child custody in Nevada may find our firm’s website to be a useful resource.