Nevada Revised Statutes

Nev. Rev. Stat. § 125C.006 (2026)

Consent required from noncustodial parent to relocate child when primary physical custody established; petition for permission from court; attorney’s fees and costs

✓ current as of July 2026
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NRS 125C.006  Consent required from noncustodial parent to relocate child when primary physical custody established; petition for permission from court; attorney’s fees and costs.

      1.  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.

      2.  The court may award reasonable attorney’s fees and costs to the custodial parent if the court finds that the noncustodial parent refused to consent to the custodial parent’s relocation with the child:

      (a) Without having reasonable grounds for such refusal; or

      (b) For the purpose of harassing the custodial parent.

      3.  A parent who relocates with a child pursuant to this section without the written consent of the noncustodial parent or the permission of the court is subject to the provisions of NRS 200.359.

      (Added to NRS by 1987, 1444; A 1999, 737; 2015, 2589)—(Substituted in revision for NRS 125C.200)

     

Notes of Decisions
Cited in 18 cases (11 in the last 5 years), 2017–2025 · leading case: Pelkola Vs. Pelkola (child Custody), 2021 NV 24 (Nev. 2021).
Pelkola Vs. Pelkola (child Custody), 2021 NV 24 (Nev. 2021). · cites it 38× “Sometime after their divorce, Heidi petitioned the district court under NRS 125C.006 for permission to relocate with the children from Nevada to Arizona.”
Monahan v. Hogan, 507 P.3d 588 (Nev. 2022). · cites it 7× “007(1)(b) states that "[iln every instance of a petition for permission to relocate with a child that is filed pursuant to NRS 125C.006 or [NRS] 125C.0065, the relocating parent must demonstrate to the court that .”
Monahan v. Hogan (child Custody), 2022 NV 7 (Nev. 2022). · cites it 14× “007(1)(b) states that "[iln every instance of a petition for permission to relocate with a child that is filed pursuant to NRS 125C.006 or [NRS] 125C.0065, the relocating parent must demonstrate to the court that .”
Nance v. Ferraro, 418 P.3d 679 (Nev. 2018). “Therefore, this opinion does not apply NRS 125C.006, NRS 125C.0065, or NRS 125C.”
Johnson v. Bennett (child Custody), 141 Nev. Adv. Op. No. 35 (Nev. 2025). · cites it 12× “Pursuant to the plain language of these statutes, a parent's obligation to petition for primary physical custOdy now depends on whether joint or primary custody "has been established pursuant to an order, judgment or decree of a court," NRS 125C.006; NRS 125C.0065, not on the…”
Johnson v. Bennett (child Custody), 141 Nev. Adv. Op. No. 35 (Nev. 2025). · cites it 14× “Pursuant to the plain language of these statutes, a parent’s obligation to petition for primary physical custédy now depends on whether joint or primary custody “has been established pursuant to an order, judgment or decree of a court,” NRS 125C.006; NRS 125C.0065, not on the…”
Shahrokhi v. Burrow C/W 82245 (Nev. 2022). · cites it 4× “007(1) explains that the factors set forth in that statute apply to all petitions to relocate brought pursuant to NRS 125C.006 or 125C.0065; those latter statutes apply to petitions for relocation only where there is a prior court order establishing either primary or joint…”
Shahrokhi v. Burrow (Child Custody) (Nev. 2022). · cites it 4× “007(1) explains that the factors set forth in that statute apply to all petitions to relocate brought pursuant to NRS 125C.006 or 125C.0065; those latter statutes apply to petitions for relocation only where there is a prior court order establishing either primary or joint…”
Sternberg v. Warneck (D. Nev. 2024). · cites it 4× “200, now codified at 19 NRS § 125C.006). A parent with court-ordered custody who relocates with a child without the 20 other parent’s or the court’s permission may be subject to criminal charges and be liable to pay 21 the other parent’s reasonable attorney’s fees and costs.”
Sternberg v. Warneck (D. Nev. 2024). · cites it 4× “200, now codified at 19 NRS § 125C.006). A parent with court-ordered custody who relocates with a child without the 20 other parent’s or the court’s permission may be subject to criminal charges and be liable to pay 21 the other parent’s reasonable attorney’s fees and costs.”
Sternberg v. Warneck (D. Nev. 2024). · cites it 4× “200, now codified at 6 NRS § 125C.006). A parent with court-ordered custody who relocates with a child without the 7 other parent’s or the court’s permission may be subject to criminal charges and be liable to pay 8 the other parent’s reasonable attorney’s fees and costs.”
Shahrokhi v. Burrow C/W 82245 (Nev. 2022). · cites it 2× “007(1) explains that the factors set forth in that statute apply to all petitions to relocate brought pursuant to NRS 125C.006 or 125C.0065; those latter statutes apply to petitions for relocation only where there is a prior court order establishing either primary or joint…”
— Nev. Rev. Stat. § 125C.006(1) — 3 cases
Pelkola Vs. Pelkola (child Custody), 2021 NV 24 (Nev. 2021). “Sometime after their divorce, Heidi petitioned the district court under NRS 125C.006 for permission to relocate with the children from Nevada to Arizona.”
Johnson v. Bennett (child Custody), 141 Nev. Adv. Op. No. 35 (Nev. 2025). “Pursuant to the plain language of these statutes, a parent’s obligation to petition for primary physical custédy now depends on whether joint or primary custody “has been established pursuant to an order, judgment or decree of a court,” NRS 125C.006; NRS 125C.0065, not on the…”
Johnson v. Bennett (child Custody), 141 Nev. Adv. Op. No. 35 (Nev. 2025). “Pursuant to the plain language of these statutes, a parent's obligation to petition for primary physical custOdy now depends on whether joint or primary custody "has been established pursuant to an order, judgment or decree of a court," NRS 125C.006; NRS 125C.0065, not on the…”
— Nev. Rev. Stat. § 125C.006(1)(b) — 1 case
Pelkola Vs. Pelkola (child Custody), 2021 NV 24 (Nev. 2021). “Sometime after their divorce, Heidi petitioned the district court under NRS 125C.006 for permission to relocate with the children from Nevada to Arizona.”
— Nev. Rev. Stat. § 125C.006(3) — 3 cases
Sternberg v. Warneck (D. Nev. 2024). “200, now codified at 19 NRS § 125C.006). A parent with court-ordered custody who relocates with a child without the 20 other parent’s or the court’s permission may be subject to criminal charges and be liable to pay 21 the other parent’s reasonable attorney’s fees and costs.”
Sternberg v. Warneck (D. Nev. 2024). “200, now codified at 19 NRS § 125C.006). A parent with court-ordered custody who relocates with a child without the 20 other parent’s or the court’s permission may be subject to criminal charges and be liable to pay 21 the other parent’s reasonable attorney’s fees and costs.”
Sternberg v. Warneck (D. Nev. 2024). “200, now codified at 6 NRS § 125C.006). A parent with court-ordered custody who relocates with a child without the 7 other parent’s or the court’s permission may be subject to criminal charges and be liable to pay 8 the other parent’s reasonable attorney’s fees and costs.”
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