1. In every instance of a petition for permission to relocate with a child that is filed pursuant to NRS 125C.006 or 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 125C.0065 has the burden of proving that relocating with the child is in the best interest of the child.
(Added to NRS by 2015, 2588)
Structure Nevada Revised Statutes
Chapter 125C - Custody and Visitation
NRS 125C.0015 - Parents have joint custody until otherwise ordered by court.
NRS 125C.002 - Joint legal custody.
NRS 125C.0025 - Joint physical custody.
NRS 125C.004 - Award of custody to person other than parent.
NRS 125C.005 - Plan for carrying out court’s order; access to child’s records.
NRS 125C.007 - Petition for permission to relocate; factors to be weighed by court.
NRS 125C.0075 - Unlawful relocation with child; attorney’s fees and costs.
NRS 125C.040 - Imprisonment for contempt: Violation of condition; failure to return when required.
NRS 125C.050 - Petition for right of visitation for certain relatives and other persons.
NRS 125C.0605 - "Adult" defined.
NRS 125C.0607 - "Caretaking authority" defined.
NRS 125C.0609 - "Child" defined.
NRS 125C.0610 - "Civilian employee" defined.
NRS 125C.0611 - "Close and substantial relationship" defined.
NRS 125C.0613 - "Court" defined.
NRS 125C.0615 - "Custodial responsibility" defined.
NRS 125C.0617 - "Decision-making authority" defined.
NRS 125C.0619 - "Deploying parent" defined.
NRS 125C.0621 - "Deployment" defined.
NRS 125C.0623 - "Family member" defined.
NRS 125C.0625 - "Limited contact" defined.
NRS 125C.0627 - "Nonparent" defined.
NRS 125C.0629 - "Other parent" defined.
NRS 125C.0631 - "Record" defined.
NRS 125C.0633 - "Return from deployment" defined.
NRS 125C.0635 - "Service member" defined.
NRS 125C.0637 - "State" defined.
NRS 125C.0639 - "Uniformed service" defined.
NRS 125C.0643 - Notice required of deploying parent.
NRS 125C.0645 - Duty to notify of change of address.
NRS 125C.0647 - General considerations in custody proceeding of parent’s military service.
NRS 125C.0649 - Form of agreement.
NRS 125C.0651 - Nature of authority created by agreement.
NRS 125C.0653 - Modification of agreement.
NRS 125C.0655 - Power of attorney.
NRS 125C.0657 - Filing agreement or power of attorney with court.
NRS 125C.0659 - Proceeding for temporary custody order.
NRS 125C.0661 - Expedited hearing.
NRS 125C.0663 - Testimony by electronic means.
NRS 125C.0665 - Effect of prior judicial decree or agreement.
NRS 125C.0667 - Grant of caretaking or decision-making authority to nonparent.
NRS 125C.0669 - Grant of limited contact.
NRS 125C.0671 - Nature of authority created by order.
NRS 125C.0673 - Content of temporary custody order.
NRS 125C.0675 - Order for child support.
NRS 125C.0677 - Modifying or terminating grant of custodial responsibility to nonparent.
NRS 125C.0681 - Consent procedure.
NRS 125C.0683 - Visitation before termination of temporary grant of custodial responsibility.
NRS 125C.0689 - Costs and attorney’s fees.
NRS 125C.0691 - Uniformity of application and construction.
NRS 125C.0693 - Relation to Electronic Signatures in Global and National Commerce Act.