During divorce proceedings, couples with minor children generally must endure the unpleasant task of sorting out who has physical and legal custody of the kids. These arrangements can become complicated if the custodial parent wishes to move to another state. As it happens, Nevada law is far from silent on this issue. Here we’ll take a look at the restrictions that the state of Nevada places on custodial parents who elect to relocate out of state.

Before we discuss the relocation laws currently enforced by Nevada courts, it’s important to be clear on the concepts of legal and physical custody. Legal custody refers to responsibilities associated with child-rearing decisions, such as where the kids should attend school. Physical custody refers to the responsibility to maintain housing for the kids— where they live on a daily basis. In this discussion we will focus mainly on physical custody.

Custody arrangements often distinguish between the custodial parent and the non-custodial parent. In some cases, a joint custody arrangement is made, which requires each parent to share the legal and/or physical custodial arrangements. When one parent has physical custody, it is customary for the other parent to retain the right to visit the children at scheduled times.

Sometimes, the custodial parent decides to move out of the state— to pursue a job opportunity, to enjoy the benefits of a more agreeable climate, or for any number of other reasons. This can cause difficulties for the non-custodial parent, who no longer lives with the other parent and will not accompany them on the move. If the custodial parent were to relocate far away, it would make future in-person visitations impractical.

In the state of Nevada, the laws governing out-of-state relocation of custodial parents are codified in NRS 125C.200. This law holds that “consent [is] required from noncustodial parent to remove child from State.” 1 This means that custodial parents in Nevada can’t simply relocate whenever they feel like it—not without violating the terms of their court agreement.

The custodial parent is required by Nevada law to obtain consent from the non-custodial parent prior to moving out of state. This consent should be put in writing. In addition, permission should be requested as far ahead of the proposed move as possible. But what happens if the non-custodial parent refuses to give consent?

If the non-custodial parent denies permission, then the custodial parent can attempt to obtain authorization from Nevada family law courts. In court, the custodial parent is expected to present a good-faith reason for the proposed relocation. If the move is solely intended to separate the child(ren) from the non-custodial parent, the court will likely deny permission. Above all else, the court takes into consideration the needs of the child(ren).

Nevada law mandates a somewhat different procedure when both parents share physical custody of their child(ren). If one parent wishes to move out of state with the kids, the former spouses must ask the court for permission to modify their legal arrangement. Again, the court’s overriding consideration is the welfare of the child(ren). The court will decide whether the child(ren) can go with the relocating parent or must stay with the one living in Nevada.

Founded by Emily McFarling, Esq. in 2003, The McFarling Law Group is dedicated to providing its clients with highly effective representation in divorce, child custody, parental abduction, and related family law matters. The firm is located in Las Vegas, Nevada. Visit for more information.

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