Relocation with Minor Children in Nevada:
In today’s world families tend to be more mobile. Changes in employment, the need to be closer to family and other reasons may require a need to relocate. When there are children involved the question becomes can I relocate. Nevada specifically addresses this issue when a party wants to move outside the state and a custodial order is already in place in Nevada Statute 125C.200.
NRS 125C.200 states that a party can relocate out of state with the minor children only with the other parent’s permission or permission of the Court if there is a custodial order already in place. Specifically, if the other parent consents, the permission must be in writing. The law further states that failure to abide by this decision could be considered in a request for change of custody.
If the other parent will not agree and Court permission is needed, a party must file a motion and request permission to relocate. The court, in considering relocation, will evaluate a number of factors. This includes first considering if the moving parents basis for moving is based on good faith or in another words if the move provides an actual advantage to the custodial parent and the minor children. Flynn v. Flynn, 120 Nev. 436, 92 P.3d 1224 (2004) and Schwarz v. Schwarz, 107 Nev. 378, 812 P.2d 1268 (1991) . If this threshold is met the Court should then consider a number of factors including:
1. Is the move going to improve the quality of life for the minor children and the parent?
2. Is the custodial parent’s intentions with the move to frustrate visitation between the children and other parent?
3. Will the custodial/moving parent comply with court orders regarding visitation?
4. Is the noncustodial/non-moving parent’s objections to the move honorable?
5. Is there an alternative visitation schedule that will preserve the noncustodial/non-moving parent’s relationship with the minor children?
Flynn v. Flynn, 120 Nev. 436, 92 P.3d 1224 (2004) and Schwarz v. Schwarz, 107 Nev. 378, 812 P.2d 1268 (1991)
In looking at Nevada relocation issues, it is important to consider if these factors can be met. If you are considering relocation or the parent of your children is considering relocation, contact the Luna Law Firm, PC to discuss your options.
This article is not intended to be legal advice. The specific facts of your case should be discussed with legal counsel and the appropriate steps taken before relocating with the minor children. Failure to follow proper procedures when relocating can have serious repercussions and it best to insure that you are in compliance with the law prior to relocating. The Luna Law Firm can represent you in Reno, and throughout the State of Nevada. View the Luna Law Firm’s Areas of Practice