Moving Out of State with Your Children After a Divorce in Nevada
Updated 9/30/26
A lot about your life can change after a divorce or separation, and if you share children with your former spouse or co-parent, some of those changes can have a significant impact on your entire family. If you are hoping to relocate out of state with your children, Nevada law sets clear requirements you must follow — and the process depends largely on your current custody arrangement.
You Cannot Simply Leave the State
Relocating with your children without following proper legal procedure is not just a violation of your custody order; it can expose you to serious criminal consequences. Under Nevada law, a parent who moves a child out of state without the other parent's written consent or court approval may be charged with a category D felony. Courts will also refuse to consider any circumstances that arose after an unauthorized move when making custody determinations, which can significantly harm your case.
The First Step: Seek the Other Parent's Written Consent
Regardless of your custody arrangement, Nevada law requires you to first attempt to obtain the other parent's written consent before relocating with your child. If the other parent agrees, that agreement must be properly documented and made legally enforceable — a verbal agreement is not sufficient.
If the other parent refuses consent without reasonable grounds, or does so to harass you, the court may award you attorney's fees and costs.
If the Other Parent Refuses: Your Options Depend on Your Custody Arrangement
Nevada law distinguishes between two situations:
- If you have primary physical custody: You must petition the court for permission to relocate with the child (NRS 125C.006).
- If you share joint physical custody: The process is more involved. You must first petition the court for primary physical custody, and then seek permission to relocate (NRS 125C.0065). Because Nevada strongly favors joint physical custody, the bar here is higher.
What You Must Prove to the Court
Under NRS 125C.007, the relocating parent bears the burden of proof and must first demonstrate all three of the following to the court:
- There is a sensible, good-faith reason for the move, and it is not intended to deprive the other parent of parenting time
- The relocation is in the best interests of the child
- The child and the relocating parent will benefit from an actual, concrete advantage as a result of the move
Only after these threshold elements are established will the court move on to weigh additional factors, including:
- 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 genuine and not designed to frustrate the other parent's visitation rights
- Whether the relocating parent will comply with substitute visitation orders if relocation is permitted
- Whether the other parent's opposition to the move is in good faith or motivated by financial considerations
- Whether there is a realistic opportunity for the non-relocating parent to maintain a meaningful parenting relationship if the move is approved
- Any other factor the court finds relevant to the child's best interests
Circumstances courts commonly consider in relocation cases include a remarriage, a new job or significant increase in income, an educational opportunity, or the opportunity to live closer to the relocating parent's extended family — but these are not automatic justifications. They must connect back to the three threshold requirements above.
If your relocation request is approved, your existing child custody arrangement will be modified to accommodate the move and preserve the non-relocating parent's relationship with the child.
Speak with a Las Vegas Relocation Attorney Today
Relocation cases are among the more complex matters in Nevada family law, and the stakes are high — for your family and your legal standing. At Law Practice, Ltd., our attorneys have more than 30 years of experience helping Clark County parents navigate custody modifications and relocation disputes.
If you are considering a move or need to respond to a relocation request from your co-parent, contact our office today at (702) 899-2875 to schedule a confidential consultation.