The current version of NRS 125C.200 requires that a parenting wanting to move out of the state of Nevada with minor children needs to have the written consent of the other parent, or a court order. Historically, this statute has not applied to moves within Nevada, even if that move involved a longer distance than a proposed out of state move.
This past session, however, the Nevada legislature revised and the new version 125C.200 takes effect on October 1, 2015. The new law, intended to apply to in-state moves, provides in relevant part:
NRS 125C.200 is hereby amended to read as follows:
If primary physical custody has been established pursuant to an order, judgment or decree of a court and the custodial parent intends to relocate his or her residence to a place outside of this State or to a place within this State that is at such a distance that would substantially impair the ability of the other parent to maintain a meaningful relationship with the child, and the custodial parent desires to take the child with him or her, the custodial parent shall, before relocating:
(a) Attempt to obtain the written consent of the noncustodial parent to relocate with the child; and
(b) If the noncustodial parent refuses to give that consent, petition the court for permission to relocate with the child.
Found at: https://www.leg.state.nv.us/Session/78th2015/Bills/AB/AB 263_EN.pdf (Emphasis added).
The new statute, however, does not define what “meaningful relationship” means. What is a meaningful relationship is crucial because the statute only requires that a primary physical custodian seek written consent when the planned in-state relocation is “such as distance that would substantially impair the ability of the other parent to maintain a meaningful relationship with the child.” Thus, the requirement of written consent under the future statute in intrastate move cases requires that the moving parent first determine whether the move would impair the other parent’s ability to maintain a meaningful relationship with the child.
If the proposed relocation will not “substantially impair” the other parent’s ability “to maintain a meaningful relationship with the child” consent is not required. Since it is unclear how “meaningful relationship” or “substantially impair” will be interpreted, parents wishing to move within Nevada after October 1, 2015, are best served seeking legal advice and asking their family court judge for guidance before moving.