PLEASE CHECK STATE CASE LAW AS STANDARDS FOR RELOCATION MAY BE FOUND IN CASE LAW.

Nev. Rev. Stat. Ann.

125C.006. Consent required from noncustodial parent to relocate child when primary physical custody established; petition for permission from court; attorney's fees and costs.

 1.    If primary physical custody has been established pursuant to an order, judgment or decree of a court and the custodial 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 custodial parent desires to take the child with him or her, the custodial parent shall, before relocating:

(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.

 2.    The court may award reasonable attorney’s fees and costs to the custodial parent if the court finds that the noncustodial parent refused to consent to the custodial parent’s relocation with the child:

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

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

 3.    A parent who relocates with a child pursuant to this section without the written consent of the noncustodial parent or the permission of the court is subject to the provisions of NRS 200.359.
 

125C.0065. Consent required from non-relocating parent to relocate child when joint physical custody established; petition for primary physical custody; attorney’s fees and costs.

 1.    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:

(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.

 2.    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.

 3.    A parent who relocates with a child pursuant to this section before the court enters an order granting the parent primary physical custody of the child and permission to relocate with the child is subject to the provisions of NRS 200.359.
 

125C.007. Petition for permission to relocate; factors to be weighed by court.

 1.    In every instance of a petition for permission to relocate with a child that is filed pursuant to NRS 125C.006 or NRS 125C.0065, the relocating parent must demonstrate to the court that:

(a)    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;

(b)    The best interests of the child are served by allowing the relocating parent to relocate with the child; and

(c)    The child and the relocating parent will benefit from an actual advantage as a result of the relocation.

 2.    If a relocating parent demonstrates to the court the provisions set forth in subsection 1, 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:

(a)    The extent to which the relocation is likely to improve the quality of life for the child and the relocating parent;

(b)    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;

(c)    Whether the relocating parent will comply with any substitute visitation orders issued by the court if permission to relocate is granted;

(d)    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;

(e)    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

(f)     Any other factor necessary to assist the court in determining whether to grant permission to relocate.

 3.    A parent who desires to relocate with a child pursuant to NRS 125C.006 or NRS 125C.0065 has the burden of proving that relocating with the child is in the best interest of the child.