Few questions in family law cause more worry than the possibility of a move out of state. Whether you are thinking about relocating with your child or you are worried your co-parent might, Nevada law has clear rules about what is and is not allowed. When a move out of state and child custody collide, the disputes are some of the most consequential cases family courts handle, and understanding the rules is the first step toward protecting your relationship with your child.
Nevada Child Custody Law Requires Consent or Court Permission
A parent cannot simply pack up and leave the state with a child if both parents share custody. Under Nevada law, the relocating parent must first obtain written consent from the other parent or, if consent is refused, file a petition with the court for permission. This rule applies whether you have primary physical custody or share joint physical custody, and it applies to out-of-state moves as well as in-state moves at a distance that would substantially impair the other parent’s ability to maintain a meaningful relationship with the child.
The legal framework is found in NRS 125C.006 and NRS 125C.0065. Both statutes are clear: relocation with a child is not a unilateral decision.
If You Are the Parent Who Wants to Move Out of State
Before making any plans, the path forward starts with talking to the other parent. If they agree, that consent should be in writing. If they refuse, your next step is filing a petition with the court.
When the court reviews a relocation request, the relocating parent must show three things: a sensible, good-faith reason for the move, that the move serves the child’s best interest, and that both the child and relocating parent will benefit from an actual advantage as a result. The court also looks at whether a workable visitation schedule can preserve the relationship between the child and the non-relocating parent.
Common reasons that carry weight include a job opportunity, family support, better schools, or improved living circumstances. The court will not grant permission if it finds the move was intended to deprive the other parent of parenting time.
If Your Co-Parent Is Moving Without Your Permission
If you discover your co-parent has already moved or is planning to move without your consent and without a court order, time matters. Nevada law gives the non-relocating parent strong tools to respond.
Several actions are available depending on the situation. You can file a motion asking the court to order the child returned to Nevada. You can ask the court to enforce the existing custody order through its contempt powers. In serious cases, you can ask the court to modify custody altogether, with the moving parent’s unauthorized conduct as evidence.
Importantly, NRS 125C.0075 tilts the playing field in your favor. When a parent relocates without permission, the court is prohibited from considering any post-relocation facts or circumstances regarding the welfare of the child or the relocating parent. A parent cannot move first and then argue that the child has settled in.
Unauthorized Relocation Can Be a Crime
Many parents do not realize that moving a child across state lines without authorization is not just a custody violation. Under NRS 200.359, Nevada’s parental kidnapping statute, a parent who relocates with a child without written consent or court permission may face a category D felony charge, with potential penalties of one to four years in state prison and a fine of up to $5,000.
There is a narrow exception for parents who relocate to protect the child from imminent danger of abuse or neglect, or to protect themselves from imminent physical harm. The parent must report to law enforcement or a child welfare agency within 24 hours, or as soon as circumstances allow. In most cases, civil enforcement in family court is the faster and more practical first step, but the criminal statute exists and is sometimes used.
Acting Quickly Protects Your Rights
These cases move fast, and waiting rarely makes things easier. The longer a child has been in another state, the more complicated jurisdiction becomes. If you are facing a relocation situation in Reno or anywhere in Northern Nevada, whether as the parent who wants to move or the parent who needs to respond, getting clear legal advice early is the most important step.
Richard P. Davies, Esq. and his family law team have helped Reno families navigate child custody and relocation matters for nearly 20 years. We can help you understand your options and protect your child’s well-being. Contact the team at Richard P. Davies today.