For parents seeking to relocate outside the State of Nevada with a minor child, wherein there is an existing custodial Order, there are two (2) options. If both parents agree to the proposed relocation, the party seeking to relocate may obtain the written consent of the other party. In the event that the parties are not in agreement regarding the relocation, the party seeking to relocate may petition the Court.

Upon petition to the Court, the appropriate legal test will be applied in determining if the relocation is permissible. The applicable legal test is determined by the controlling custodial Order.

If the parent seeking relocation has primary physical custody of the minor child(ren), the Court will apply the Schwartz factors, which include:

1. The extent that the proposed relocation will improve the quality of life for the child and parent
2. Whether the motive for relocation is “honorable” and not designed to defeat the non-custodial parent’s rights of visitation
3. Whether the parent seeking relocation will comply with substitute visitation Orders if the relocation is approved
4. Whether the non-custodial parent’s motive in resisting the relocation is “honorable” and not for the purpose of securing a financial advantage
5. Whether there is a realistic opportunity for a visitation schedule that will preserve the relationship between the non-custodial parent and the minor child(ren)

The relocation must confer an actual benefit or advantage to the minor child(ren).

If the parent seeking relocation has joint physical custody of the minor child(ren), the Court will apply the Potter test, which will determine if a relocation is in the best interests of the minor child(ren) pursuant to NRS 125.480.

All things considered, a Court is more apt to permit a relocation if the moving party has primary physical custody of the minor child(ren), whether there is an actual advantage for the move, and there is a sensible good faith reason for a move.

Every case is different and the attorneys at Roberts Stoffel Family Law Group would be happy to meet with you to discuss your situation.