What Happens When One Parent Wants to Relocate?

Relocation means more than a move down the street. Under Nevada law, the custodial parent must seek written permission from the other parent before moving out of state or moving a distance that substantially interferes with the other parent’s visitation. If the child’s other parent won’t consent to the relocation, then the moving parent must seek permission from the court to relocate.

A parent who shares joint custody of the child, but isn’t the primary custodial parent has an additional hurdle to overcome in relocation cases. Specifically, a parent seeking to relocate must motion the court to become the child’s primary custodial parent. A court will evaluate whether it’s in the child’s best interests to remain in the state or move out of state.

For example, in one Nevada case a mother sought to move to California for a new job and educational opportunities. The court denied the mother’s request to relocate with the children because she wasn’t the primary custodial parent and hadn’t filed for primary custody. However, once primary physical custody has been established, the custodial parent can file a request for permission to relocate. A judge will schedule a hearing to determine whether the relocation would serve the child’s best interests.