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Can a custodial parent move away with their child?

Sometimes, after a child's parents have divorced and the dust has settled, months or even years later the child's custodial parent may wish to move with the child. Perhaps they got an offer for their "dream job" in another city or state. Or, maybe they want live closer to family. Or, maybe they feel they could offer their child a better life in a different city or state. Really, there are many reasons why a custodial parent in Nevada would wish to relocate with their child.

However, it is important to note that a custodial parent cannot simply pack up and move away with the child. Under Nevada law, the custodial parent must file a petition to relocate with the court, and receive court approval to move. The custodial parent who wishes to move has to demonstrate certain elements before the court will approve the move.

The custodial parent must be able to show that the reason for the move is in good faith, is sensible and is not just a move to try to deprive the noncustodial parent of their parenting time with the child. The custodial parent must also show that the relocation is in the child's best interests. Finally, the custodial parent needs to show that both them and the child will be benefited because of the move.

In addition, the court will then consider a number of factors before making a final decision. The court will examine the extent to which the move will provide the child a custodial parent with a better quality of life. The court will also consider whether the custodial parent is being honorable in their decision to move, and that the custodial parent is not just trying to interfere with the noncustodial parents parenting rights. The court will also consider whether, if allowed to move, the custodial parent will comply with any new parenting time orders. If the noncustodial parent opposes the move, the court will consider whether the noncustodial parent has a good reason to oppose to move. Finally, the court will also consider whether it is realistic for the noncustodial parent to enjoy enough visitation time so that they can preserve their relationship with the child if the petition to relocate is accepted.

Moving with a child after divorce may be beneficial at times, but in the end the child deserves to be able to spend enough time with each parent in order to cultivate a meaningful relationship. Moving should not be done out of spite or with malice. Fortunately, Nevada law addresses this topic, so that the best interests of the child can be met.

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