Relocation Basics

When you are seeking to relocate and the other parent will not agree, you must petition the court for permission to do so. In custody cases, the child’s best interest is the polestar of the Court’s decision-making.

With that said, the requirements for relocating depend upon the nature of the custodial arrangement at the time of the request to relocate, among other considerations.

The decision to relocate is heavily fact dependent, and we strongly recommend that you obtain qualified legal counsel prior to initiating any relocation talks with the other parent.

When Primary Physical Custody is Established

If primary physical custody has been established pursuant to an order, judgment or decree of a court and the custodial parent intends to relocate to a place out of state or to a place within Nevada that is at such a distance that would substantially impair the ability of the other parent to maintain a meaningful relationship with the child, and the custodial parent desires to take the child with him or her, the custodial parent is required to complete the following steps before relocating (NRS 125C.006):

(a) Attempt to obtain the written consent of the noncustodial parent to relocate with the child; and

(b) If the noncustodial parent refuses to give that consent, petition the court for permission to relocate with the child.

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When Joint Physical Custody is Established

If joint physical custody has been established pursuant to an order, judgment or decree of a court and one parent intends to relocate his or her residence to a place outside of this State or to a place within this State that is at such a distance that would substantially impair the ability of the other parent to maintain a meaningful relationship with the child, and the relocating parent desires to take the child with him or her, the relocating parent shall, before relocating (NRS 125C.0065):

      (a) Attempt to obtain the written consent of the non-relocating parent to relocate with the child; and

      (b) If the non-relocating parent refuses to give that consent, petition the court for primary physical custody for the purpose of relocating.

The court may award reasonable attorney’s fees and costs to the relocating parent if the court finds that the non-relocating parent refused to consent to the relocating parent’s relocation with the child:

      (a) Without having reasonable grounds for such refusal; or

      (b) For the purpose of harassing the relocating parent.

All Relocation Cases

In every instance of a petition for permission to relocate with a child, the following requirements generally apply:

Seek Consent of Non-Relocating Parent. The relocating parent must first attempt to obtain the non-relocating parent’s permission to relocate with the minor child.

Child’s Best Interest and other Factors. The relocating parent must demonstrate to the court that:

1. 1. There exists a sensible, good-faith reason for the move, and the move is not intended to deprive the non-relocating parent of his or her parenting time;
   2. The best interests of the child are served by allowing the relocating parent to relocate with the child; and
   3. The child and the relocating parent will benefit from an actual advantage as a result of the relocation.

 

 

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If the above factors are demonstrated, then the court must then weigh the following factors and the impact of each on the child, the relocating parent and the non-relocating parent, including, without limitation, the extent to which the compelling interests of the child, the relocating parent and the non-relocating parent are accommodated:

• • The extent to which the relocation is likely to improve the quality of life for the child and the relocating parent;
  • Whether the motives of the relocating parent are honorable and not designed to frustrate or defeat any visitation rights accorded to the non-relocating parent;
  • Whether the relocating parent will comply with any substitute visitation orders issued by the court if permission to relocate is granted;
  • Whether the motives of the non-relocating parent are honorable in resisting the petition for permission to relocate or to what extent any opposition to the petition for permission to relocate is intended to secure a financial advantage in the form of ongoing support obligations or otherwise;
  • Whether there will be a realistic opportunity for the non-relocating parent to maintain a visitation schedule that will adequately foster and preserve the parental relationship between the child and the non-relocating parent if permission to relocate is granted; and
  • Any other factor necessary to assist the court in determining whether to grant permission to relocate.

Children of School Age. When a children is of school age, the following Arcella factors will likely be relevant to the Court’s determination:

• • • The wishes of the child, to the extent that the child is of sufficient age and capacity to form an intelligent preference;
    • The child’s educational needs and each school’s ability to meet them;
    • The curriculum, method of teaching, and quality of instruction at each school;
    • The child’s past scholastic achievement and predicted performance at each school;
    • The child’s medical needs and each school’s ability to meet them;
    • The child’s extracurricular interests and each school’s ability to satisfy them;
    • Whether leaving the child’s current school would disrupt the child’s academic progress;
    • The child’s ability to adapt to an unfamiliar environment;
    • The length of commute to each school and other logistical concerns; and
    • Whether enrolling the child at a school is likely to alienate the child from a parent.

Attorney’s Fees. The court may award reasonable attorney’s fees and costs to the relocating parent if the court finds that the other parent refused to consent to the relocating parent’s relocation with the child without having reasonable grounds for such refusal or for the purpose of harassing the relocating parent.

Again, we stress that the factors considered by the Court are not exhaustive, and merely serve as a starting point for the Court’s analysis. A qualified Nevada attorney will be able to guide you to help assess your prospective relocation.

 

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Our Attorney Team

John D Jones, Esq. Partner Michelle T. LoBello, Esq. Partner

Elisabeth S. Flemming, Associate

Delwyn E. Webber, Esq., Associate

Shannon M. Wilson, Esq., Associate^

Jack J. Salisbury, Esq., Law Clerk*

^Licensed in Nevada and Florida
*Licensed in California