Relocation

In Nevada, prior to relocating, pursuant to NRS 125C.006 and NRS

125C.0065, a parent must obtain the written permission of the other parent

or a Court Order before relocating. If the non-relocating parent consents, a

Stipulation and Order can be prepared which is filed with the Court that

permits the relocate and sets (in most cases) a visitation schedule for the

non-relocating parent. If the non-relocating parent does not consent, a

Motion must be filed with the Court.

The analysis applied by the Court to relocation is a two (2) prong test.

Pursuant to NRS 125C.007, the first prong, requires that the moving parent

establish: (1.) a “sensible, good-father reason for the move;” (2.) the best

interest of the child is served by allowing the relocation; and (3.) that the

parent and the child will benefit from an actual advantage.

If the moving parent can establish to the Court’s satisfaction that the

requirements of prong one have been met, then a prima facia showing has

been made for the Court to set the matter for a hearing (Evidentiary Hearing

or Trial) where evidence and testimony is taking regarding the relocation.

At that hearing, the Court is required to consider the factors set forth in NRS

125C.007 (2) which contains a catchall for the moving parent to argue

factors which are not included in the list. In considering the factors, the

Court must consider the impact to the child, impact to the relocating and

non-relocating parent, and if the compelling interests of the child and parents

are accommodated. Those factors include: (1.) extend of improved quality

of life for the child and relocating parent; (2.) the honorable motives of the

relocating parent; (3.) if the relocating parent will comply with Court Orders

upon relocation; (4.) whether the non-relocating parent’s motives in denying

the request to relocate are honorable; and (5.) whether there is a realistic

opportunity for visitation.

It is a violation of Nevada law for a parent to relocate without consent or an

Order of the Court pursuant to NRS 125C.0075. The law requires that the

Court not consider any post-relocation facts when determining a relocation,

and may punish the unapproved relocation as a crime. Moreover, the non-

relocating parent “is entitled to recover reasonable attorney’s fees and costs

incurred as a result” of the non-approved relocation.

Relocations carry a heavy burden because Court’s do not like to see parents

and children separated. Relocations are also very fact intensive which has a

huge impact on the manner in which a relocation is presented to the Court.

Therefore, it is wise to consider retaining counsel in a relocation matter.