During divorce proceedings, couples

with minor children generally must

endure the unpleasant task of sorting
out who has physical and legal custody
of the kids. These arrangements can
become complicated if the custodial
parent wishes to move to another state.
As it happens, Nevada law is far from
silent on this issue. Here well take a
look at the restrictions that the state of
Nevada places on custodial parents who
elect to relocate out of state.

 Before we discuss the relocation laws currently enforced by Nevada

courts, its important to be clear on the concepts of legal and physical
custody.
Legal custody refers to responsibilities associated with child-rearing
decisions, such as where the kids should attend school. Physical
custody refers to the responsibility to maintain housing for the kids
where they live on a daily basis.
In this discussion we will focus mainly on physical custody.

 Custody arrangements often distinguish

between the custodial parent and the
non-custodial parent.
In some cases, a joint custody
arrangement is made, which requires
each parent to share the legal and/or
physical custodial arrangements.
When one parent has physical custody,
it is customary for the other parent to
retain the right to visit the children at
scheduled times.

 Sometimes, the custodial parent decides to move out of the state

to pursue a job opportunity, to enjoy the benefits of a more
agreeable climate, or for any number of other reasons.
This can cause difficulties for the non-custodial parent, who no
longer lives with the other parent and will not accompany them on
the move. If the custodial parent were to relocate far away, it would
make future in-person visitations impractical.

 In the state of Nevada, the laws governing out-of-state relocation

of custodial parents are codified in NRS 125C.200. This law holds
that consent [is] required from noncustodial parent to remove
child from State.1
This means that custodial parents in Nevada cant simply relocate
whenever they feel like itnot without violating the terms of
their court agreement.

 The custodial parent is required by Nevada law to obtain consent from

the non-custodial parent prior to moving out of state.
This consent should be put in writing. In addition, permission should
be requested as far ahead of the proposed move as possible.
But what happens if the non-custodial parent refuses to give consent?

 If the non-custodial parent denies

permission, then the custodial parent
can attempt to obtain authorization from
Nevada family law courts.
In court, the custodial parent is expected
to present a good-faith reason for the
proposed relocation. If the move is solely
intended to separate the child(ren) from
the non-custodial parent, the court will
likely deny permission.
Above all else, the court takes into
consideration the needs of the child(ren).

 Nevada law mandates a somewhat

different procedure when both parents
share physical custody of their child(ren).
If one parent wishes to move out of state
with the kids, the former spouses must
ask the court for permission to modify
their legal arrangement.
Again, the courts overriding consideration
is the welfare of the child(ren). The court
will decide whether the child(ren) can go
with the relocating parent or must stay
with the one living in Nevada.

Founded by Emily McFarling, Esq. in 2003, The

McFarling Law Group is dedicated to providing its
clients with highly effective representation in divorce,
child custody, parental abduction, and related family
law matters. The firm is located in Las Vegas, Nevada.
Visit www.mcfarlinglaw.com for more information.

1. http://www.leg.state.nv.us/nrs/NRS125C.html#NRS125CSec200