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Can you move out of Nevada with your kids after the divorce?

| Jun 24, 2021 | Divorce |

Many people who have just gone through a divorce or a messy breakup with the other parent of their children want a fresh start. You might apply for new jobs or even ask your parents if you can move back home.   

Before you start packing, there’s something you need to know. As a parent with primary or shared custody of minor children, you are subject to restrictions on where you live or move. Before you sign a lease for a new house in Arizona or book plane tickets to head back home to the Midwest with your kids, you need to understand the proper process for relocating. 

You need to inform your ex and the courts of your intent to move 

Nevada law requires that the custodial parent hoping to relocate notifies the other parent and the court in two circumstances. The first is when the move will take the children out of the state of Nevada.  

The second one is when the move is within the state but it is far enough away that it will impair the other parent’s ability to maintain a meaningful relationship with the children. How far constitutes too far for an in-state move will depend on factors ranging from the age of your children to the career your ex has pursued.  

Who decides if you get to move? 

Your ex and the courts could potentially have a say in your relocation request. When you send the necessary notification, your ex can either agree to the request or contest it and ask the court for a hearing. If they agree, you can likely file a straightforward uncontested modification request asking the courts to adjust your custody order to reflect your upcoming move.  

If your ex doesn’t agree, you will have to go to court. Each of you will be able to present evidence about the reasons for the move and the impact it could have on the relationship between the other parents and the children. The courts will then make the ultimate decision based on the necessity of the move, what they think your motives are and what they believe will be in the best interests of the children.  

Understanding how the Nevada family courts handle shared custody relocations before you make any big plans will make the process much easier for you.