Moving out of Nevada with a Child in Nevada: Understanding NRS 125C.007

Overview

Relocating with a child can be a complex legal process, especially when it involves altering custody arrangements. In Nevada, the law requires parents seeking to relocate with their child to follow specific legal procedures outlined in NRS 125C.007. This statute ensures that the child's best interests are prioritized and that the rights of both parents are considered.

Petition for Relocation

To begin the relocation process, a parent must file a petition for permission to relocate with the child. This petition must demonstrate the following:

1. Good-Faith Reason for the Move:

   • The move must be based on a sensible, good-faith reason and not be intended to deprive the non-relocating parent of their parenting time.

2. Best Interests of the Child:

   • The relocation must serve the best interests of the child.

3. Actual Advantage:

   • The child and the relocating parent must benefit from an actual advantage as a result of the move.

Court Considerations

If the relocating parent meets the initial demonstration requirements, the court will then weigh several factors to decide whether to grant the relocation:

• Quality of Life Improvement:

  • The extent to which the relocation is likely to improve the quality of life for both the child and the relocating parent.

• Motives of the Relocating Parent:

  • Whether the relocating parent's motives are honorable and not designed to frustrate or defeat any visitation rights of the non-relocating parent.

• Compliance with Visitation Orders:

  • The likelihood that the relocating parent will comply with any substitute visitation orders issued by the court if the relocation is approved.

• Motives of the Non-Relocating Parent:

  • Whether the non-relocating parent's opposition to the move is honorable or intended to secure a financial advantage in the form of ongoing support obligations.

• Visitation Opportunities:

  • Whether there will be a realistic opportunity for the non-relocating parent to maintain a visitation schedule that preserves their parental relationship with the child.

• Additional Factors:

  • Any other factors that may assist the court in determining whether to grant the relocation.

Burden of Proof

The parent seeking to relocate has the burden of proving that the move is in the best interest of the child. This includes showing that the relocation will provide tangible benefits and that any negative impacts on the child's relationship with the non-relocating parent can be adequately mitigated.

Legal Assistance

Navigating the complexities of relocation with a child requires a thorough understanding of Nevada law and careful consideration of all factors involved. At The Jacks Law Group, we specialize in family law and can provide expert guidance and representation to parents facing relocation issues. Contact us today to discuss your case and ensure that your child's best interests are protected.

Need to Relocate with Your Child? Call The Jacks Law Group Today!

Navigating the legal complexities of relocating with a child requires expert guidance and a thorough understanding of Nevada law. At The Jacks Law Group, we are dedicated to ensuring that your child's best interests are protected throughout the relocation process.

Do not navigate this challenging journey alone.

Contact The Jacks Law Group now to schedule a consultation and get the professional legal support you need.

• Las Vegas Office: 520 S. 4th Street, Suite 350, Las Vegas, NV 89101
• Henderson Office: 1057 Whitney Ranch Dr., Suite 350, Henderson, NV 89014
• Phone: 702-834-6300
• Email: [email protected]

Call us today at 702-834-6300 to discuss your relocation case and ensure the best possible outcome for you and your child.