You’re married with children and have become accustomed to leaving the state with your children, without their other parent, on a regular basis to visit family, friends, or for vacations, or just because.
You are now getting a divorce from the other parent of your child(ren) and you want to move to another state or country to be closer to family, or because of a great job offer.
The glitch is that by Nevada law, the rules on your comings and goings from the state with your children have changed once a divorce has been filed.
It comes as a surprise to some that they cannot leave the state with their children without the permission of either the other parent of their child(ren), or of the judge in the form of a court order.
If you leave the state before a divorce action has been filed, it is assumed that the permission of the other spouse was obtained. There are no assumptions anymore once a divorce has been filed by either of you, even if you filed a joint petition divorce.
If the child(ren)’s habitual state of residence has been Nevada and you do relocate to another state, or country, with your child(ren) before a divorce action has been filed and your spouse then files a Complaint for Divorce asking for physical custody, a judge might well order the children back to Nevada, especially if it appears that the intent behind the move was malicious towards the other parent rather than moving because of work or to be nearer to family for help with the child(ren).
The jurisdiction of children under the Uniform Child Custody Jurisdiction Act is the state where the children have lived for the majority of the 6 months immediately preceding divorce filings.
There are some exceptions to the rule, of course, especially if the court finds that Nevada is not a proper forum (court) in which to decide physical custody of the child(ren):
NRS 125A.365 Inconvenient forum.
A court of this state which has jurisdiction pursuant to the provisions of this chapter to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon motion of a party, the court’s own motion or request of another court.
Before determining whether it is an inconvenient forum, a court of this state shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including:
(a) Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child;
(b) The length of time the child has resided outside this state;
(c) The distance between the court in this state and the court in the state that would assume jurisdiction;
(d) The relative financial circumstances of the parties;
(e) Any agreement of the parties as to which state should assume jurisdiction;
(f) The nature and location of the evidence required to resolve the pending litigation, including testimony of the child;
(g) The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and
(h) The familiarity of the court of each state with the facts and issues in the pending litigation.
If a court of this state determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper.
If you do move out of the state with your child(ren) and with your spouse’s permission, and no divorce is impending, it is best and safest for you to get that permission in writing, preferably notarized, in the event a divorce follows later.
For your best course of action if you find yourself in a divorce situation and need to move outside Nevada with your minor children (under the age of 19), if your spouse will not give you written permission, is to contact your attorney for advice.
You can get more information on filing a divorce with children here
After divorce and I have primary custody if I get married to someo me who lives out of state am I allowed to move. Or shall I say will court grant that?
Hi Marlana, you could move out of state with either the permission of the child’s father, or with the permission of the judge. You can call us for a free consultation if you want to move forward with that: 702 420 7052.
Hello Marlana, even with primary custody, you will need either your spouse’s, or the judge’s, permission to move your children out of state.
I have a joint preliminary Injunction. Am I allowed to take my children on a 3 day vacation out of state?
Hello Lloyd, the preliminary injunction is for financial matters; it doesn’t address vacations with the children.
My ex and I share custody of our two boys and in the divorce papers it says we have to tell each other before we leave the county. Does that mean we need each others permission before we can leave the state, like for vacation or holiday events?
You must advise the other parent that you are leaving the state (or the county if that’s what your divorce decree states) and tell him/her where the children will be. You need permission to leave the country with them. Oftentimes, a letter from the other parent might be required when you cross an international border so it’s wise to get one just in case you need it so your trip isn’t interrupted.
I need consultation!
Hello Joe, call the office at 702-680-1780.
If my husband of 16 years plans to leave the state to live before filing for divorce can he take my minor children out of Nevada without my permission?
He can take them out of state with him before the divorce, but if you do not agree, you can then file a motion to get him to bring them back to Nevada.
My spouse and I have recently divorced. My spouse remarried very quickly after the divorce to someone prior to moving out of the home and want’s to take a minor child to another state where her new husband lives. I filed a motion to prevent her from taking my child so far away which I feel would prevent me from being able to visit. What happens from here?
Hello Dave,
after divorcing, your spouse can only take your child out of state to live if you agree, or if the judge signs an order that she can do so.
I have a 2 yr old and a 6 yr old. My family and support all live in Ohio. If I get a divorce will the judge allow me and my children to move back to Ohio to be where I can get the support I need to get back on my feet? Their father is a pilot and can easily relocate his base to or near the city where my family lives.
Hello Misty,
yes, a judge can give you permission to move to OH if it’s best for the children. If your spouse agrees to this and you do a joint petition divorce, we can add language to the divorce decree that gives you permission to move. No hearing needed in that case.
I am looking for assistance with a divorce up in lander county, battle mountain, nv. Can you help?
Hello Kevin,
if your spouse agrees to sign divorce documents, we can help you. Otherwise, it’s best to hire an attorney nearer to you in case there is court if you file a one-signature divorce.
Can you move out of state, due to the spouse cannot support you and the child to live in Florida with your parents?
Hello Lisa,
when involved in a divorce, you can move out of state with your children with either your spouse’s permission or with the permission of a family court judge. If you are not currently divorced or divorcing, you can leave the state with them, of course, but it’s best to work it out with the other parent otherwise you could be ordered back to Nevada with the children. If you file a divorce here while you are still a resident, the judge can give you permission to move to FL if it’s in the child’s best interests.
I move out of state for work I have visitations with my kids every other weekend, I talk to my ex-wife and we agree I won’t be able to see my kids but I want to still have contact with them calling them, know I found out she’s movin to Texas soon but she didn’t talk to me about it and she’s not letting me call them,I’m worried about she disappearing with my kids, what I do please help
Hello Jerry, you need to file a motion for her to show cause as to why she’s moving the children to TX without your permission. Call our office at 702 420 7052
Ive had my children over 4 years and I am not married to there mother. I just got a job back home and all my family is back home. Can I leave? The mother hasnt been there.
Hello Dewayne, if the mother hasn’t been involved in the children’s life at all, you are not in a custody battle, there is nothing to prevent you from moving for a job and family.
What if the I’m leaving with the children and we are not married and he is not on one of the children’s birth certificate
If you’re not married and don’t have an order from a court telling you to stay put in Nevada, you can leave the state. Father will have the option of filing a motion with the court to get you to bring back the children. He can also request a DNA test to prove paternity of the child w/o his name on the birth certificate. If the child is his, it won’t matter than Father’s name isn’t on the birth certificate. All this said, if you leave and Nevada was always the child’s home until you left with them, expect this court to order you to bring them back. It’s best to address the issue of physical custody and mediate with the children’s father if possible if you do not agree on physical custody. Just call our office to discuss. We offer a free initial consultation: 702 420 7052
What if the parents aren’t married can one parent take the child out of state without the others permission?
Ken, if you’re not in a custody battle, there is nothing to prevent either of you from taking your own children where you wish to go. If you don’t want the children to move away, you can file a custody case with Family Court.
I currently reside in Nevada. I have two children, ages 2yrs. and 12 yrs. My husband is verbally and mentally abusive. He has been physically abusive in the past but I never called the cops. I need to know. Can I leave the state of Nevada and then file for divorce with my children? He has verbally told me that I just need to take the kids and go. I know that if I ask him to write it that he will not, because then he will know that I am leaving. He has also told me that if I did take the kids and go that I would not make it to the vehicle because he would shoot me in the back. I cannot stay in this situation any longer, nor should my children stay in this situation, it is not healthy. I have friends and family in Ohio that are willing to help me. I just need to know what I can legally do in my situation. I hesitate to ask for help because I don’t want anything to happen to me or my children because I have asked for help. Thank you in advance for your advice.
Hello Jennifer,
First and foremost, I want to tell you that you should go to a shelter. They in turn will refer you to Legal Aid for Nevada advice.
As far as leaving the state with the children you have with your spouse, know that you have to have written permission from your spouse, or an order from a judge. Even though you are not going through a divorce yet, you have that intent, and a judge here won’t allow it without good reason. And you might well have that good reason if you are moving to get help from family and to remove yourself from an abusive situation.
Alternatively, talk to a lawyer in Ohio and ask if the Court there would take emergency jurisdiction.
I wish you luck with resolving this situation.
Hi I am in the process of getting a divorce..my husband filed for divorce and solo custody of our kids. What would prevent me from having joint Custody with him ?
Hello Elisiva,
he can’t get sole legal custody without a hearing, and he can’t get sole physical custody without a hearing either, unless you don’t respond to the Complaint for Divorce which has to be served to you by a process server (the complaint would have to say that he is requesting sole physical custody). The State of Nevada favors joint physical custody unless there is proof that a parent has alcohol or drug issues, or has otherwise put the children in harm’s way, or is abusive to the children. Abuse has to be proven, otherwise people could all claim that on the other parent of their children.
I didn’t show up and fighting for our kids in court and he filed for solo custody physically and legally. I filed a motion letting the judge know I wanted to change some of the things he had on the decree and that I wanted to at the least share our kids. But 9months later he moves with our kids to Utah to marry one.of.the women he had an affair with. I moved to Utah too just to be near my kids and to see them. What can I do now, I want solo custody but will share custody if I can’t get solo. Please info? Thank you!
Elisiva, you need to contact an attorney in UT if your children are now UT residents–have you checked on this? Laws are different in each state on when Family Court takes jurisdiction over children. For instance, in Nevada, an individual is considered a Nevada resident after living here for six weeks, however, Family Court only takes jurisdiction over children who have lived here for a minimum of six months. If your children are not yet UT residents and your spouse took them there without your permission and you do have physical and legal custody, you can address Family Court here about the issue and to have the children brought back to NV.
My married son is a resident of Las Vegas. He has a wife and 6 year old son. She is threatening to leave the state and move back with her parents with their son to Virginia. No divorce proceedings have begun. Can she do this without my son’s permission?
Hello Laurel,
she can take her son to visit her family unless there is a decree of divorce that says otherwise. That said, if your son files a divorce, he can possibly get the court to order that his son be brought back to Nevada. Children cannot be taken out of state without either the other parent’s permission, or a court order. The judge is the one to decide what is best for the child in the event of a custody battle.
My ex-wife and I share joint custody of our 6 year old son in Nevada. She takes him to Utah occasionally during her visitation time without letting me know. Is this legal?
If your divorce documents state that she can’t do that, then you can address Family Court with the issue if talking to her about it doesn’t work.
What about weekend visiting out of state? I’m in Vegas and recently divorced and have “Primary” custody; whatever that means. The divorce and custody decree are very vague. Am I allowed to travel from Vegas to Arizona for weekend visits with family without her consent or the consent of the court or will I get in trouble? She has specifically said I cannot but this is only to harass me and the decree is so vague that I don’t know what I can or cannot do. Thanks!
Hello Brian, Unless your final decree of divorce specifically states that you need consent or have to give notice for out-of-state visits, it is acceptable to take your children for short trips to visit family in other states, or for short vacations, w/o the written permission of their other parent. If your final decree does say that you must have consent and must give notice, then do what the decree says. Primary custody means the children live with you full time and only visit with their other parent.
My ex husband and I have joint custody, however the father has primary physical custody of minor child (as he won due to having paid evaluators for child custody to win over me because I was raising my kids alone with out his help, I was In a car accident when I had to file for child support but he had the money and legal representation and I didn’t due to no money and so he won) In our court order it states either parent has to ask for permission to take child out of state for vacation etc. The father has taken my child out to California for vacation this spring break, with out my permission and has not notified me of where she is to stay, time of vacation etc. The vacation is on his days of custody. He has asked for permission in the past before leaving. I don’t know what is going on and why he didn’t ask for permission this time. Unfortunately, there is not much communication in regards to our child for anything because of previous abuse. He tends to do what ever he wants and gets away with it because he has attorneys and money. I’m tired of going to courts and nothing gets done and my children are tired of knowing of us going to the courts for many years causing them depression. For my children I had to let certain things go, but I know he’s wrong, he should follow the court order and respect me as the legal parent that I am, and deserve my legal rights.
A devastated mother….. ????
Diane, unfortunately, the only way to handle this is to go back to court. You’ll have to file a motion asking for an explanation as to why he took your children out of state without notifying you. If you do nothing, it’s like giving him permission to do it again. Good luck with it all.
My husband recently moved out of house and Out of state leaving me with our kids can I legally move out of state without his permission
Unfortunately not; if Nevada is the legal residence of your children, you’ll need either the father’s permission, or the court’s permission, to move them out of state.
I have been divorced for about 1 and half years in Humboldt county Nevada. 2 years ago we moved to humboldt county Nevada from Utah then divorced 6 months later. I have stayed here and I have 50/50 custody and their mom lives in Vegas but kids are with me for school year. Their mom told me she is planning on moving to Alaska with her girlfriend and wants the kids to move there when she has a place and a job and I don’t agree. I don’t want my kids to move out of Nevada.what happens to her rights if she moves out of the state and later wants them to move there. I am fine with her moving but I don’t agree with the kids moving 2900 miles away.
Hello Mike, you should consult with an attorney if she starts to push the issue, but she’s not entitled to move the children to Alaska without your permission or the court’s permission. That’s if your decree of divorce doesn’t say anything about her being able to do that. If it does, then she could do it.
If I’ve gained Sole legal and physical custody of my child, can I move out of state if her father no longer lives here either? He’s moved to Washington.
Hello Aalyah, it seems like you’re okay to move if you have full legal and physical custody. But, it’s best to speak to an attorney about it, just to be sure there’s nothing in your final decree of divorce preventing you from doing so.
Hi there, my family moved to Reno in Nov of 2017 from California. My wife now wants to move back and is threatening to take the kids back to CA if we divorce. Can she legally take them back if I don’t want them to move schools again? Thanks
Hi Matt, this is a tricky situation and it’s difficult to answer without more details. Legally, once a divorce is in motion, no parent can move the children out of the state that is the habitual residence of the children without the other parent’s, or the court’s, permission. In Nevada, Family Court only takes jurisdiction over children who have resided within the state for at least six months unless it’s an emergency situation that can be proven. In that case, the court will, depending on the situation, address issues that have to do with the children even if they haven’t been here for six months yet (and CA does the same). If you’ve been here since November 2017 and the children have been enrolled in school and all is well at home, a Nevada court is not likely to look favorably on the parent who moves them out of state without the other parent’s permission. THIS IS GENERAL INFORMATION. Each case is different and it’s best you speak to an attorney about the situation.
If we aren’t married and never have been can I go from Nevada to Georgia to visit family for 6 days because we are fighting he says I can not leave for a few days with my daughter!!
Anya, If you’re not in a custody battle, there is nothing preventing you from going on vacation with your children or to visit family for six days.
Hello, My granddaughter came to stay with me for the last half of school year I live two hours away from Reno, NV where she lives with her father my son whom has full, sole and legal custody of her. We didn’t see anything wrong with that as my home is her home as well. Her other grandmother the maternal has achieved outrageous visiting privileges from Court judge well.. should I say any more in who he is?
Anyway she filed within this court on my son Abandament, Child Neglect, and so on because she didn’t want to meet me half way for her visits. Now for the last six yrs she has taken my granddaughter out if the state everywhere whenever she feels like it without the permission of the child’s father and makes the child keep it a secret. This August she plans to take her to Hawaii. What can I do? I’d like to have the FBI waiting for her on the other side lol but.. also judge states new law in 2015 that my son can’t even move out of Washoe County without visiting grandparent permission and the courts. Is this true? And how can we take away her visitation if she has child abuse and neglect on her own children that left her with only stricked visitation with them.
Judge hates men hates my son we all hate this judge.
Hello Kathleen, your son needs to retain an attorney in Washoe County and address these issues with the court. There is no simple answer to this; it’s a complicated situation so best to address the court with it.
My son physically has his 2 daughters 4 & 10. My grand daughters are Nevada born and lived all their lives in Las Vegas.
Their mother left her last apartment and is no where to be found! She’s called and told the girls she’ll see them in a couple of days…this was a month ago!! We “think” she’s in California…My son doesn’t give her permission to take her 4 year old unless he has a physical address and no more than 2 weeks.. the 10 year doesn’t want to leave Las Vegas period!! The 10 year old said she’ll visit her mom here in Vegas only, BUT REFUSES TO GO TO CALIFORNIA OR WHERE EVER HER MOM MAY LIVE!! My Son wants sole & physical custody of his girls….Does he have a good case and is that his legal right??
Sounds like a more complicated situation than what can be addressed in a reply to a blog post. Please have your son call our office instead: 702 420 7052. Thank you.
Hello, me and my ex wife got divorced 10 yrs ago and got joint custody Through Family court for our 3 yr old daughter at that time here in Las Vegas. I remarried and have 2 daughters now. She remarried and have 3 daughters now. Life was good for the last 10 yrs sharing our daughter 3 1/2 days every week and sharing half and half in any expenses for her.. now ex wife wants to move to South Dakota because her new husband found a good job.. she asked me to agree in taking our daughter for 3 there and me having her for the next 3 months.. I disagreed and don’t want our daughter to get out from her environment specially living in Vegas for 13 yrs.. is there a big chances she can win and take her away like she wants 3 months and 3 months or if we already have a court joint custody since 10 yrs ago and we haven’t had any issues she can stay here at home with me?? Thank you
Hello Diego, you’ll have to address Family Court about it. She can’t take your daughter to live out-of-state without either your permission or the judge’s permission. Contact our office if you want representation in the event she leaves with your daughter: 702-680-1780
“Primary Physical Custody” was awarded to Father in 2011. 2015 Father agrees to attempt a week on week off visitation for Mother schedule. 2018 Father files emergncy ex-parte asking for this as a house member was arrested for very serious violent charge that included drugs. Judge Orders person whom was arrested to move out… In the written Order the reference to PPC is joint between Mother and Father. Custody has never been argued in court since award to Father in 2011. Father is attempting to relocate to another state for a better job. How should he proceed
Hello Sherrie,
If the mother of the children won’t give him permission to move to another state with the children, he needs to address Family Court. Maybe the judge will give him permission.
I recently was arrested for domestic violence my wife packed up the kids and moved 510 miles away from where we have lived for the past 5 years. We are currently getting a divorce is she allowed to move this far away
Hello Billy,
if there was no custody order in place at the time she left, she was allowed to leave. If you want her to bring the children back to Nevada, you’ll have to address Family Court about it.
The mother of my daughter found out I had just filed for primary custody of my daughter. We have never been married but my name is on the Birth Certificate and she lived with me the whole time while she was pregnant with my daughter and for several months after. She was living in state of Nevada the whole time and my daughter was splitting time between us. When she found out she took my daughter back east without my permission. The paper work had already been filed in Nevada but she hadn’t been served yet. WIll she be forced to come back to the state for court.
Hello Jason,
it’s quite possible, especially if it’s clear she moved away deliberately to avoid this. She’ll have 21 days to respond after she’s served. Wait and see if she responds and if not, it proceeds by default, though a judge could order a hearing rather than give you primary custody without it. You need a lawyer to help with this; it’s not an easy matter to manage yourself.
My husband didn’t get my permission to move our kids to another state. I moved and followed them and now is a resident of the same state. He has solo custody of our kids physically and legally.
Being here in Utah, I have had to wait six months to file for my kids but it’s been like 8 months and I’m trying to file a form that brings the case here, it will take like a month to hear back if that gets approve. The case is still consider a Nevada case. My question is, Can I file in NV to get joint custody or my kids or even solo for him moving the kids without my permission and for not letting me have my court ordered visits with my children.
Maryann, where do the children live now and how long have they been there? If they have lived in Nevada for six months, this court has jurisdiction over them and you can address the court here. If they are currently legal residents of Utah, you address the court there.
The kids are in Utah now and so am I. So regardless if the case was filed in Las Vegas, NV. its now a Utah case automatic?
If the children were Nevada residents at the time they left for Utah, and are still not Utah residents, there is nothing to prevent a custody case from proceeding in Nevada if the other parent is a current resident here.
I have sole legal and physical custody of my daughter. Her fathers visitation is not specified in divorce decree. Do I need the court’s permission to move out of the state?
Hello Sheena,
you should still ask him to ok it in writing. If you feel he isn’t going to agree in writing, then give him 30 days written notice of your intent to move and then do it.
I filed for divorce with minor child and prior to that I went out of town for 2 days and brought back out child in a timely manner he we don’t have a court order agreement yet and he claims I abducted our son. He also wants me to pay child support as I live on hud housing and welfare and he makes twice as much as I do.
Kelli, child support has to do with where the child lives. If you have equal split custody, the one who earns more money will still owe the other some child support based on income. If no custody agreement is in place, you have the right to take your child on vacation.
My wife took off out of state with my kids. There is no divorce pending or custody or visitations established. I know where she lives now. I did not give her permission to leave the state with my kids. Also, as far as I know she didn’t get permission from the courts either. What do I do? Am I going to have to go to her state to fight custody of the children?
Hello Anthony,
you can file a divorce here and ask for shared or full custody. Whether it would be granted depends on how long the children have lived in the other state. If most of the marriage has taken place here, it’s likely the divorce could proceed here. Call our office if you want an attorney to represent you.
Hello I just signed a Decree of Divorce and my spouse is in prison for inappropriate conduct with a minor and after the divorce I will have sole custody of my 2 children. He received a minimum of 10-14 years. Can I move out of state for a great job opportunity and to start over?
Hello Angela,
Typically sole custody means you can decide without the other party’s permission. We would like to ask you more questions regarding your situation, please call our office at 702-680-1780.
I have 2 boys both born in nevada and have lived with me there whole life. 3 year old and 4 year old. Wife hasn’t filed for divorce yet and is trying to leave state with my boys. Is there anything I can file to stop my boys from leaving state?
Hello Thomas,
Yes, you can file for divorce, and child custody is included with the divorce. You are welcome to contact our office for more information at 702-680-1780
I have 15 year old son. If he decided he wanted to live with me out of state would I still have to get the permission?
If they want to move you have the option to talking to the other party or file a custody case. Please call our office at 702-680-1780 for more information.
I currently live on the east coast with primary custody of my child. My child’s father agreed to the move when divorced many years ago and has never had an issue with us living across the country. He chooses to not have visitation and hasn’t seen his child in over 4 years. Child support is a Nevada order paid with no issues. I am planning on moving back to Europe to be near family and he is stating that after 365 days of us being there his child support payments will cease without him providing written consent for our relocation abroad.
Hello R. Reynolds
Child support never goes away, if you move to a different state or country that order is still stands. Thank you!