How Relocation Can Affect Child Custody and Visitation

Relocation is often a consideration for parents after a divorce, but the process can be complex depending on the circumstances and legal requirements.

In Nevada, for example, relocating with a child requires consent from the other parent or court approval if the move could affect custody or visitation rights.

In this blog post, we’ll dive deeper into this topic to help you understand what the court considers when making decisions that will affect your child or children.

Do I need court approval to relocate with my child?

It’s entirely understandable to question whether you can relocate without legal complications or if you need court approval, especially if the move could impact visitation rights.

Under Nevada law, if you wish to relocate with your child, you must obtain the other parent’s consent and/or court approval as a relocation typically impacts the other parent’s visitation rights. The court will consider various factors, not just the distance, when evaluating the impact on the child’s best interests.

How may relocation affect my current custody and visitation arrangement?

Relocation may affect your current custody and visitation arrangement in several ways:

• Custody Modifications: You might need to modify your existing custody order if the relocation significantly impacts your ex-spouse’s ability to exercise their visitation rights. This could mean negotiating a new arrangement or getting court approval.
• Visitation Schedule Adjustments: Your visitation schedule might need to be updated because of the new distance. This could result in fewer visits or longer gaps between them. The court may adjust the schedule to ensure both you and ex have fair time with the child.
• Virtual Visitation: If in-person visits are difficult, the court might suggest or require virtual visits (like video calls) to keep the connection between the child and the non-relocating parent.

What factors will the court look at when deciding if I can move with my child?

As a parent, it’s important to know what the court looks at when considering relocation requests, especially how the move will affect your child’s well-being and their relationship with your ex-spouse.

Here are the key factors a Nevada family court will consider when deciding whether to approve your relocation with primary physical custody:

• Impact on the Child’s Well-Being: How the move affects your child’s emotional, psychological, and overall stability.
• Effect on the Other Parent’s Visitation Rights: How the relocation will impact the non-relocating parent’s ability to exercise their visitation rights.
• Travel Logistics: The feasibility and impact of travel, including time, cost, and the impact on your child’s school and activities.
• Child’s Adjustment: How well the child will adjust to the new living situation and environment.
• Reason for Relocation: The reasons for the move, such as job opportunities, family support, or other significant factors.

Keep in mind that if the court isn’t convinced by your reasons, they can deny your relocation request. Remember, the court’s main focus is your child’s best interests. If they think the move would hurt your child’s well-being, stability, or relationship with your ex, they might not approve the relocation.

Speak to a Child Custody Relocation Lawyer in Nevada

Are you planning to move with your child or opposing your ex’s move with your child? Regardless of your situation, it’s wise to consult with a child custody relocation attorney to understand the law. A custody relocation decision can significantly impact your child’s future and their relationship with both parents, so it’s best to know your options.

Smith Legal Group is ready to represent either parent in a Nevada child custody relocation case, whether you’re looking to relocate with your child or opposing the relocation.

Contact our Henderson, NV office at 702-410-5001 to request a free consultation and get started.