Las Vegas Child Relocation Lawyer
In Nevada, a parent generally cannot relocate a child under an existing custody order without the other parent’s written consent or court approval. As Gastelum Attorneys, a Las Vegas family law firm, explains below, the procedure depends on your custody arrangement: primary physical custody (NRS 125C.006) or joint physical custody (NRS 125C.0065). If there is no order yet, different risks apply. Get legal advice before moving.
- I have primary physical custody → NRS 125C.006
- We share joint physical custody → NRS 125C.0065
- We have no custody order → What changes without an order
- The other parent moved (or is about to) → Emergency options
- Questions parents ask → FAQ
A move-away case is one of the few family court matters where the outcome is close to binary: the child’s primary home either moves or stays. There is no splitting the difference across 1,500 miles. Whether you are the parent who needs to relocate or the parent trying to keep your child in Nevada, the outcome depends heavily on the evidence, the legal standard that applies to your custody arrangement, and the practicality of the proposed long-distance parenting plan.
Gastelum Attorneys handles contested parental relocation cases on both sides, for parents petitioning to move and for parents opposing a move, in English and Spanish, from offices in downtown Las Vegas and Summerlin. Our attorneys practice family law exclusively in the Eighth Judicial District Court, Family Division, and regularly handle contested relocation cases on both sides.
Your case begins with a paid case evaluation with an attorney who reviews your custody order (or your situation if no order exists), explains which legal standard applies to you, and gives you a candid assessment before you commit to anything.
Time matters more in move-away cases than almost any other family law matter. If you have received notice that the other parent intends to relocate, or you need to move on an employer’s timeline, call (702) 979-1455 today.
Which Nevada Child Relocation Law Applies to You?
Nevada child relocation laws, and Nevada custody laws on moving out of state, use two different statutes: NRS 125C.006 for a parent with primary physical custody and NRS 125C.0065 for parents who share joint physical custody. Your current custody arrangement determines which relocation procedure applies. The parent asking to relocate carries the burden under NRS 125C.007, which is why Gastelum Attorneys maps every relocation case to the governing statute first.
| Your current arrangement | Proposed move | Required first step | Governing statute |
|---|---|---|---|
| Primary physical custody | Out of Nevada, or within Nevada far enough to substantially impair the other parent’s relationship with the child | Attempt written consent; if refused, petition the court before moving | NRS 125C.006 |
| Joint physical custody | Same | Attempt written consent; if refused, petition for primary physical custody for the purpose of relocating | NRS 125C.0065 |
| No custody order | Any move affecting the child’s home state or the other parent’s relationship | Get individualized legal advice before moving | UCCJEA (NRS 125A) / initial custody analysis |
If you have primary physical custody: NRS 125C.006
A parent with primary physical custody who intends to move out of Nevada, or to a place within Nevada far enough away to substantially impair the other parent’s ability to maintain a meaningful relationship with the child, must first attempt to obtain the other parent’s written consent. If the other parent refuses, the relocating parent must petition the court for permission before moving.
Moving first and asking later is not a shortcut; it is a liability. Relocating without consent or a court order can be considered against you in a later custody proceeding and can create serious custody and financial consequences. Nevada law also addresses unlawful relocation directly. A parent who relocates with the child without the other parent’s written consent or the court’s permission is subject to NRS 200.359, the statute the custody chapter treats as an act of abduction and which Nevada custody orders warn is punishable as a category D felony. In a later custody proceeding, the court shall not consider any post-relocation facts or circumstances regarding the welfare of the child or the relocating parent, and if the non-relocating parent files an action in response, that parent is entitled to recover the reasonable attorney’s fees and costs the violation caused (NRS 125C.0075). Ask an attorney about the specific risks on your facts before relocating.
If you share joint physical custody: NRS 125C.0065
A parent with joint physical custody who wants to relocate with the child faces a higher structural hurdle: because the move is fundamentally incompatible with a joint physical custody schedule, the relocating parent must petition the court for primary physical custody for the purpose of relocating. In practical terms, a joint-custody move-away case is a custody modification case and a relocation case at the same time, which is why these are among the most heavily litigated matters in Family Division.
Nevada’s standards trace to Schwartz v. Schwartz (primary custody) and Potter v. Potter (joint custody), now largely codified in statute.
Nevada child relocation laws: the two-part test under NRS 125C.007
Whichever posture you are in, a contested petition runs through the two-part structure of NRS 125C.007.
First, the threshold showing. The relocating parent must demonstrate:
- a sensible, good-faith reason for the move that is not intended to deprive the other parent of parenting time;
- that the move is in the child’s best interest; and
- that the child and the relocating parent will benefit from an actual advantage from the move.
If the threshold is not met, the inquiry ends and the petition fails. This is where unprepared petitions die. A generalized desire for a “fresh start,” without more, may not satisfy the sensible, good-faith reason the statute requires.
Second, the weighing factors. If the threshold is met, the court weighs the impact on the child and on each parent of: the extent to which the move is likely to improve the quality of life for the child and the relocating parent; whether the relocating parent’s motives are honorable and not designed to frustrate the other parent’s visitation; whether the relocating parent will comply with substitute visitation orders; whether the non-relocating parent’s motives in opposing the move are honorable, or whether the opposition is intended to secure a financial advantage such as ongoing support obligations; whether the non-relocating parent will have a realistic opportunity to keep a visitation schedule that adequately fosters and preserves the parent-child relationship; and any other factor the court needs to decide the petition.
The burden of proof rests on the parent asking to relocate.
Not sure which standard applies to you? That is the first question we answer in a paid case evaluation, before you move, respond to a notice, or file anything. Call (702) 979-1455 or schedule a case evaluation.
Bring These to Your Case Evaluation
- Your current custody order and parenting-time schedule
- Any written move notice or proposed relocation timeline
- Proposed school information and the school calendar
- Travel routes, travel-cost estimates, and work schedules
- Communications about consent, parenting time, and proposed alternatives
What Evidence Do Courts Evaluate in a Move-Away Case?
Courts in a Nevada move-away case evaluate whether the proposed long-distance parenting plan is specific, financially workable, realistic for the child’s age and school schedule, and designed to preserve the child’s relationship with the non-relocating parent. In a contested case, that plan can become central evidence.
In our experience handling contested relocation matters in Clark County, transportation planning is often one of the most concrete issues separating a workable proposal from an unrealistic one. A parent who comes to court with a detailed, funded plan presents a fundamentally stronger case than a parent who argues only that the move is necessary:
- Specific travel logistics: actual flight routes, costs, and who accompanies a young child
- A school-calendar-based parenting schedule, not a generic “liberal visitation” clause
- Video-call and communication routines the child can actually keep
- A concrete proposal for allocating transportation costs
The same is true in reverse: a parent opposing relocation who can show the proposed plan is unrealistic (in cost, logistics, the child’s age, or school disruption) attacks the petition where it is weakest.
Transportation costs are not an afterthought in Nevada. Courts can address travel-cost allocation in the child support context.
This is where preparation is the whole game, and where our team builds your case file: the evidence, the schedule modeling, and the financial detail that turns “I want to move” into a petition a judge can grant, or turns “I object” into a record a judge can rely on.
Can I Move Out of State With My Child If There Is No Custody Order?
Having no custody order does not make moving out of state with your child unrestricted in Nevada: the default is joint custody, Nevada is likely to remain the child’s home state under the UCCJEA, and the parent left behind can file here. This is the most common relocation question Gastelum Attorneys hears, and almost no one addresses it.
If you and the other parent were never married, or you are separated but no case has been filed, the statute-based relocation restrictions of NRS 125C.006 and 125C.0065 speak in terms of custody established by court order. That does not make moving safe or simple. Four things every parent in this situation should understand:
- Nevada law presumes joint custody until a court says otherwise. When no custody determination has been made, each parent generally has joint legal and joint physical custody by default (NRS 125C.0015). “No order” does not mean “no rules.” For a child born to unmarried parents where paternity has not been established, NRS 125C.003 also allows a court to award the mother primary physical custody in certain circumstances, so the default is the starting point, not the end of the analysis.
- Jurisdiction follows the child. Under the UCCJEA (NRS Chapter 125A), Nevada is generally your child’s “home state” for custody purposes if the child has lived here with a parent for the six consecutive months before a case is filed. Moving does not move jurisdiction with you: Nevada can still decide initial custody if it was the home state within the six months before filing and a parent continues to live here (NRS 125A.305). The parent left behind can typically file here after you leave, which can mean litigating in a Nevada courtroom from out of state.
- A pre-order move can trigger urgent litigation. Depending on the facts, the other parent may ask a Nevada court for emergency or temporary relief, including orders addressing the child’s location while the case proceeds. Courts can weigh how the emergency arose and who created it.
- Paternity changes the picture. For unmarried parents, whether paternity has been established affects each parent’s enforceable rights.
If you are contemplating a move and no order exists, the strategically sound sequence is usually to get orders first, on your terms, with your timeline in front of the court, rather than moving first and defending the decision later. See also: legal separation and pre-decree options.
No custody order yet? Get advice before changing your child’s residence. Early decisions can shape jurisdiction, temporary orders, and the record the court sees first. Call (702) 979-1455 or schedule a case evaluation.
A Clinical Perspective: What Relocation Asks of a Child
By Jeremy Setters, LCSW
Judges deciding relocation cases are instructed to weigh the child’s best interest, and as a licensed clinical social worker, I can tell you that “best interest” in a relocation is not an abstraction. It has a developmental shape.
Younger children tend to experience relocation primarily through attachment: what changes is the rhythm of contact with each parent, and in clinical practice, frequent and predictable contact often matters more to a young child’s sense of security than total hours. School-age children carry the additional weight of peer networks, teachers, teams, and routines; for them, when in the school year a move happens can matter nearly as much as whether it happens. Adolescents add identity and autonomy to the equation. They have opinions, and Nevada courts may consider the wishes of a child of sufficient age and capacity.
None of this makes relocation inherently harmful. Children are genuinely resilient, and a move that meaningfully improves a family’s stability can serve a child well. From a clinical perspective, the quality and consistency of the post-move parenting plan strongly shapes how a child experiences the transition: the child’s relationship with the non-moving parent survives distance when the schedule protecting it is specific, funded, and actually followed. That is the clinical reason, not just the legal one, why the parenting plan deserves the center of your case.
How Our Las Vegas Child Relocation Attorneys Handle Move-Away Cases
Gastelum Attorneys handles Las Vegas child relocation cases by identifying the governing statute, building or challenging the evidence, planning a workable long-distance parenting schedule, and seeking urgent relief when the facts support it.
- Case evaluation and standard-mapping. We identify which statute and which burden applies to your custody posture before anything else.
- Petitions to relocate under NRS 125C.006/.0065, built to clear the threshold showing with evidence, not adjectives.
- Oppositions to relocation, focused on whether the statutory threshold is met and whether the proposed long-distance parenting plan is workable.
- Emergency motions when a parent has moved or is about to move without consent or court order.
- Requests for appropriate temporary relief while a relocation dispute is pending.
- Post-decree modification and enforcement when circumstances change after a relocation order.
- Bilingual representation: full English/Spanish service, both offices.
Frequently Asked Questions
Not unilaterally, if a custody order exists. With primary physical custody, you must attempt to get the other parent’s written consent and, if refused, obtain court permission before moving (NRS 125C.006). With joint physical custody, you must petition for primary physical custody for the purpose of relocation (NRS 125C.0065). Moving without consent or court permission can carry serious custody and financial consequences.
Nevada generally treats both parents as having joint custody by default, and under the UCCJEA a Nevada court can still decide initial custody if Nevada was the child’s home state within the six months before filing and a parent continues to live here, so the other parent can typically file here after you leave, and courts can enter orders addressing the child’s location while the case is decided. Get legal advice before moving, not after.
There is no fixed mileage. The statutory trigger is whether the move would substantially impair the other parent’s ability to maintain a meaningful relationship with the child. A move across the valley is different from a move to Elko. Courts look at the real schedule impact, not the odometer.
The parent seeking to relocate. That parent must first make the threshold showing (a sensible, good-faith reason, the child’s best interest, and an actual advantage) and then prevail on the weighing factors under NRS 125C.007.
Yes. You can withhold consent and oppose the petition. Oppositions often focus on whether the statutory threshold is met and whether the proposed long-distance parenting plan is realistic in cost, logistics, and the child’s actual needs. Act as soon as you receive notice; delay narrows your options.
The move can be weighed against that parent, and Nevada law limits what an unlawfully relocating parent can rely on later: the court shall not consider any post-relocation facts or circumstances regarding the welfare of the child or the relocating parent, the non-relocating parent who files an action in response is entitled to recover the resulting attorney’s fees and costs (NRS 125C.0075), and the relocating parent is subject to NRS 200.359.
Courts can address transportation-cost allocation as part of the case, including in the child support context. A concrete cost proposal is one of the most persuasive elements of a relocation petition, or an opposition.
Sometimes. Nevada courts may consider the wishes of a child of sufficient age and capacity to form an intelligent preference as part of the best-interest analysis, but the child’s preference is one factor, not a veto.
A job offer can support a sensible, good-faith reason for relocation, but it does not automatically authorize a move with the child. The court still examines the child’s best interest, the actual advantage of the move, and whether a workable long-distance parenting plan can preserve the other parent’s relationship.
Timing matters. A mid-year move raises practical questions about school continuity, parenting time, transportation, and the child’s adjustment, and courts evaluate the specific facts. A detailed transition plan and long-distance parenting schedule gives the court more to evaluate.
Contested move-away cases that do not settle are decided at an evidentiary hearing where both parents testify and present evidence. Many resolve earlier through negotiated long-distance parenting plans, but preparation for the hearing is what creates the leverage to settle well.
Relocation cases move quickly, and delay narrows your options. Whether you are planning a move or trying to stop one, the sooner your case is mapped to the right standard, the more options you keep. Contact our Las Vegas child relocation lawyers at (702) 979-1455 or schedule a paid case evaluation.
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