Nevada Visitation and Relocation With a Child

Part of my Nevada Family Law Overview.

By Ronald W. Brilliant, Attorney at Law · Licensed in Idaho, Nevada & California · Last reviewed: September 2026 against Nevada Revised Statutes Title 11, chapters 121 through 130 (current through the 2025 legislative session and 2026 special session revisions)

In This TopicNevada Family LawTopic 10 of 15: Visitation and Relocation

This page explains Nevada’s rules on court-ordered visitation, make-up visits when visitation is wrongfully denied, moving away with a child, and visitation rights for grandparents and certain other people. These rules are found mainly in chapter 125C of the Nevada Revised Statutes (NRS).

Nevada’s stated policy is to ensure that minor children have frequent associations and a continuing relationship with both parents after the parents have ended their relationship, separated or dissolved their marriage (NRS 125C.001(1)). For how the court decides custody itself, see Nevada Child Custody.

What a Visitation Order Must Say

Any order that gives a party a right of visitation with a minor child must define that right with “sufficient particularity” so the rights of the parties can be properly enforced and the best interest of the child is achieved (NRS 125C.010(1)(a)). The order must include all specific times and other terms of the visitation (NRS 125C.010(1)).

“Sufficient particularity” means the rights are stated in absolute terms. An order may not rely on the word “reasonable” or a similar term that the parties could interpret differently (NRS 125C.010(2)). The same standard applies to an order giving a party a limited right of custody (NRS 125C.0045(5)).

A visitation order must also state that Nevada, or the state within the United States where the child lives, is the child’s habitual residence (NRS 125C.010(1)(b)).

Custody orders made under NRS 125C.0045 must contain specific warning language stating that abducting, concealing or detaining a child in violation of the order is punishable as a category D felony (NRS 125C.0045(6)). They must also state that the Hague Convention of October 25, 1980 applies if a parent abducts or wrongfully keeps a child in a foreign country (NRS 125C.0045(7)). For more on this topic, see Nevada Child Abduction Prevention.

When the Law Limits or Protects Visitation

Several statutes restrict visitation in serious situations, and one protects parents with disabilities:

• Abduction. If the court finds by clear and convincing evidence, after an evidentiary hearing, that a parent or other person seeking custody committed an act of abduction against the child or any other child, there is a rebuttable presumption that sole or joint custody or unsupervised visitation by that person is not in the child’s best interest (NRS 125C.240(1)). If the presumption is not rebutted, the court may not order sole or joint custody or unsupervised visitation for that person (NRS 125C.240(1)).
• Murder of the other parent. If a parent is convicted of first-degree murder of the child’s other parent, there is a rebuttable presumption that visitation is not in the child’s best interest and must not be granted if custody is not granted (NRS 125C.220(2)). The presumption may be overcome only if the court finds the child’s health, safety and welfare are not at risk and visits will benefit the child, or if a child of suitable age assents to the order (NRS 125C.220(2)). Until the court decides, no one may bring the child into the convicted parent’s presence without the consent of the child’s legal guardian or custodian (NRS 125C.220(3)).
• Sexual assault. A person convicted of the sexual assault that resulted in the child’s conception, who is the child’s natural father, has no right to custody or visitation unless the natural mother or legal guardian consents and it is in the child’s best interest (NRS 125C.210(1)). Different rules apply if he was the victim’s spouse at the time of the assault (NRS 125C.210(2)).
• Disability. A court may not deny custody or visitation to a person solely because the person is deaf, is blind or has another physical disability, or holds a valid registry identification card for the medical use of cannabis (NRS 125C.215(1)).

Make-Up Visits When Visitation Is Wrongfully Denied

If the court finds that a noncustodial parent is being wrongfully deprived of the right to visit, the court may enter a judgment ordering the custodial parent to allow additional visits to make up for the missed visit (NRS 125C.020(1)).

Make-up visit rule	Requirement	NRS
Type and length	Same type and duration as the wrongfully denied visit	125C.020(2)(a)
Time limit	Taken within 1 year after the wrongfully denied visit	125C.020(2)(b)
Who picks the time	The noncustodial parent	125C.020(2)(c)
Notice for a weekday or weekend visit	Written notice to the court and the custodial parent at least 7 days before	125C.020(3)
Notice for a holiday or vacation visit	Written notice to the court and the custodial parent at least 30 days before	125C.020(3)

A custodial parent who fails to comply with a judgment ordering an additional visit may be found guilty of contempt and sentenced to county jail (NRS 125C.030(1)). The court may allow temporary release so the parent can go to and from work, and the parent must be released if the court has reasonable cause to believe he or she will comply with the order (NRS 125C.030(1)-(2)).

If the jailed parent violates a condition of that imprisonment, the court may require the rest of the sentence to be served in jail and deny work release (NRS 125C.040(1)). A parent who fails to return to jail on time after work release may be deemed to have escaped and, if so, is guilty of a misdemeanor (NRS 125C.040(2)).

When a Child May Be Taken or Hidden

If it appears to the court during a custody case that a child has been, or is likely to be, taken out of Nevada or concealed within Nevada, the court must immediately order the child to be produced before it (NRS 125C.0055(1)). The court may also, if in the child’s best interest, order that a party may obtain physical custody of the child with the help of law enforcement (NRS 125C.0055(2)). Unless it would likely defeat the purpose of the order, that party must give at least 24 hours’ notice to the party who has the child (NRS 125C.0055(3)). These proceedings must be given priority on the court calendar (NRS 125C.0055(5)).

Relocating With a Child

Nevada’s relocation rules apply when a parent intends to move to a place outside Nevada, or to a place within Nevada far enough away that it would substantially impair the other parent’s ability to maintain a meaningful relationship with the child, and wants to take the child along (NRS 125C.006(1); NRS 125C.0065(1)). The steps depend on the type of physical custody that a court order has already established.

Existing court order	Before moving, the relocating parent must	NRS
Primary physical custody	Try to get the noncustodial parent’s written consent; if refused, petition the court for permission to relocate with the child	125C.006(1)
Joint physical custody	Try to get the non-relocating parent’s written consent; if refused, petition the court for primary physical custody for the purpose of relocating	125C.0065(1)

The court may award reasonable attorney’s fees and costs to the relocating parent if it finds the other parent refused consent without reasonable grounds or to harass the relocating parent (NRS 125C.006(2); NRS 125C.0065(2)).

What the Relocating Parent Must Prove

The parent who wants to relocate has the burden of proving that relocating with the child is in the child’s best interest (NRS 125C.007(3)). In every relocation petition, the relocating parent must first show the court that (NRS 125C.007(1)):

1. There is a sensible, good-faith reason for the move, and the move is not intended to deprive the non-relocating parent of parenting time;
2. The child’s best interests are served by allowing the relocating parent to move with the child; and
3. The child and the relocating parent will benefit from an actual advantage as a result of the move.

If the relocating parent makes that showing, the court must then weigh the following factors and their impact on the child and both parents (NRS 125C.007(2)):

• How much the move is likely to improve the quality of life for the child and the relocating parent;
• Whether the relocating parent’s motives are honorable and not designed to frustrate or defeat the other parent’s visitation rights;
• Whether the relocating parent will comply with any substitute visitation orders;
• Whether the non-relocating parent’s motives for opposing the move are honorable, or to what extent the opposition is meant to secure a financial advantage, such as ongoing support obligations;
• Whether the non-relocating parent will have a realistic opportunity to keep a visitation schedule that will adequately foster and preserve the parent-child relationship; and
• Any other factor necessary to help the court decide.

Moving Without Consent or Court Permission

A parent with primary physical custody who relocates without the noncustodial parent’s written consent or the court’s permission is subject to NRS 200.359 (NRS 125C.006(3)). A parent with joint physical custody who relocates before the court grants primary physical custody and permission to relocate is also subject to NRS 200.359 (NRS 125C.0065(3)).

If a parent relocates with a child in violation of NRS 200.359, the court may not consider any facts or circumstances after the move about the welfare of the child or the relocating parent in making any determination (NRS 125C.0075(1)). If the non-relocating parent files an action in response, that parent is entitled to recover reasonable attorney’s fees and costs caused by the violation (NRS 125C.0075(2)).

A move to or from another state can also raise questions about which state’s courts have jurisdiction. See the Nevada UCCJEA overview.

Visitation for Grandparents, Siblings and Others

The district court in the county where the child lives may grant great-grandparents, grandparents and other children of either parent a reasonable right to visit an unmarried minor child, if a parent of the child (NRS 125C.050(1)):

• Has died;
• Is divorced or separated from the parent who has custody;
• Never legally married the other parent but lived with that parent, and has died or separated from the other parent; or
• Has relinquished parental rights, or had them terminated.

The court may also grant a reasonable right to visit to a person, related or not, with whom the child has lived and established a meaningful relationship (NRS 125C.050(2)). For these purposes, “separation” generally means the couple has lived apart for 30 days or more with no present intention of resuming the relationship (NRS 125C.050(10)).

The Presumption Against Visitation

A person may seek visitation under these rules only if a parent has denied or unreasonably restricted visits with the child (NRS 125C.050(3)). In that case, there is a rebuttable presumption that granting visitation is not in the child’s best interests (NRS 125C.050(4)). The person seeking visitation must prove by clear and convincing evidence that visitation is in the child’s best interests (NRS 125C.050(4)).

In deciding whether the presumption has been rebutted, the court must consider (NRS 125C.050(6)):

• The love, affection and other emotional ties between the person and the child;
• The person’s capacity and disposition to give the child love, affection and guidance, serve as a role model, and cooperate in providing food, clothing, other material needs and health care during visits;
• The prior relationship, including whether the child lived with the person and was included in holidays and family gatherings;
• The person’s moral fitness and mental and physical health;
• The child’s reasonable preference, if the child is mature enough to express one;
• The person’s willingness and ability to encourage a close relationship between the child and the child’s parents and other relatives;
• The child’s medical and other health needs as affected by the visits;
• Any financial or other support the person has provided; and
• Any other factor from the facts of the case that relates to the need for visitation against a parent’s wishes.

When and How These Rights Are Granted

These visitation rights may be granted in a divorce decree, in an order of separate maintenance, or on a petition filed by an eligible person after the triggering event, such as a divorce, separation, death, or termination of parental rights (NRS 125C.050(8)). A person relying on having lived with the child may petition after he or she stops living with the child (NRS 125C.050(8)(c)(3)). For related information, see Nevada Divorce.

If parental rights are relinquished or terminated and the child is placed with a public or licensed private agency, grandparents, great-grandparents and the parents’ other children may seek visitation only if they file a petition before the date the parental rights are relinquished or terminated (NRS 125C.050(7)). The court must find by a preponderance of the evidence that visits would be in the child’s best interests (NRS 125C.050(7)). If a court terminates the parental rights of a divorced or separated parent, previously granted visitation rights under NRS 125C.050(1) also end unless the court finds by a preponderance of the evidence that continued visits are in the child’s best interests (NRS 125C.050(9)). See Termination of Parental Rights in Nevada.

Visitation When a Parent Is Deployed

Nevada has adopted the Uniform Deployed Parents Custody and Visitation Act (NRS 125C.0601). Subject to limited exceptions, a deploying parent must notify the other parent in a record of a pending deployment no later than 7 days after receiving notice of deployment, unless reasonably prevented by the circumstances of service (NRS 125C.0643(1)). A court may not consider a parent’s past or possible future deployment by itself in deciding the child’s best interest, but may consider any significant impact the deployment has on the child’s best interest (NRS 125C.0647).

On the deploying parent’s motion, the court must grant “limited contact” (visits for a limited period) to a family member or a person with a close and substantial relationship with the child, unless the contact would be contrary to the child’s best interest (NRS 125C.0625; NRS 125C.0669). A temporary custody order during deployment must, if applicable, provide for liberal communication between the deploying parent and the child during deployment, and liberal contact while the deploying parent is on leave or otherwise available, unless contrary to the child’s best interest (NRS 125C.0673(2)(c)-(d)). After the parent returns, the court must enter a temporary order granting reasonable contact until the temporary arrangement ends, unless contrary to the child’s best interest (NRS 125C.0683).

Attorney’s Fees

Except as provided for deployment cases, in an action to determine legal custody, physical custody or visitation, the court may order reasonable fees of counsel and experts and other costs to be paid in the proportions and at the times the court decides (NRS 125C.250).

How I Can Help

I help parents, grandparents and other family members understand how Nevada’s visitation and relocation statutes apply to their situation. I can review an existing order, explain what a relocation request requires, and help you prepare a petition or respond to one. Request a consultation to discuss your situation.

This page provides general information about Nevada family law, based on the Nevada Revised Statutes as currently revised, and is not legal advice. Court rules, regulations (including the child support guidelines), and case law also affect family law matters. Every family is different; consult an attorney about your situation. Reading this page does not create an attorney-client relationship.