You are stressed out, exhausted, and just want a fresh start. Going through a custody battle in Las Vegas drains everything you have. You might have a great job offer in another state, or maybe you just want to move back home to be closer to your family. You pack your bags, look at your kids, and wonder if you can just leave.
I need you to stop right there.
As a trial lawyer who has fought in Clark County family courts for over 30 years, I see good parents make this mistake all the time. Taking your kids across state lines without the right paperwork while a case is pending will destroy your chances of winning custody. It can even land you in handcuffs.
My name is Michael I. Gowdey. I know how badly you want to move on with your life. But you have to do this the right way. Here is the absolute truth about leaving Nevada with your child during a pending custody case.
Key Takeaways
- You cannot leave Nevada with your child while a custody case is pending without a court order or written consent.
- Moving without permission is a serious crime called custodial interference.
- The court will issue an automatic injunction the moment your custody case is filed.
- You must prove the move provides an “actual advantage” for your child to win a relocation request.
Can I legally leave Nevada with my child while my custody case is pending?
No. Once a custody or divorce case is filed in Clark County, the court automatically issues a temporary injunction. This order strictly bans both parents from taking the child out of Nevada without written permission from the other parent or a judge.
When you file for custody or divorce in Las Vegas, the Clerk of the Court issues a Joint Preliminary Injunction (JPI). This is a legal freeze. It tells both parents that they cannot move the kids out of state. It keeps the playing field level while the judge reviews your family’s situation.
Even if you were the main parent who did everything for the child, the law still treats both of you equally until the judge signs a final order. If you cross the state line with your child while this injunction is active, you are breaking the law.
What happens if I move my child out of state without the court’s permission?
Moving a child out of Nevada without written consent or a court order is a massive mistake. You could lose your custody rights entirely, be held in contempt of court, and face felony kidnapping or custodial interference charges under Nevada law.
Judges in Clark County do not take this lightly. If you leave without permission, the other parent will tell the judge. The judge will issue an emergency order demanding you bring the child back to Nevada immediately.
Under Nevada Revised Statute (NRS) 200.359, moving your child to hide them from the other parent is a Category D felony. [Insert link to NV .gov source on NRS 200.359]. The Las Vegas Metropolitan Police will get involved. An arrest warrant will be issued. You will be dragged back to Nevada in handcuffs, and the judge will likely give the other parent primary custody. It is not worth the risk.
How do I get permission to relocate with my child during a pending case?
To move legally, you must first ask the other parent for written consent. If they say no, my firm files a formal motion for relocation. We must prove to the judge that moving offers a real, sensible advantage for your child.
If you have a real reason to move, we can fight for it. First, we send a formal letter asking the other parent to agree to the move. If they say yes, we file their written consent with the court, and you are free to go.
If they say no, we take the fight to the judge. We will file a Motion for Permission to Relocate.
What is the “actual advantage” rule?
Under NRS 125C.007, we have to prove the move gives your child an “actual advantage.” We cannot just say you want a change of scenery. We have to show cold, hard facts. We will show the judge your new job offer, the better schools your child will attend, and the family support system waiting for you. We also have to prove you will still let the other parent see the child through a fair travel schedule.
What should I do in the first 24 hours if the other parent threatens to leave?
Do not panic, but act immediately. You must quickly gather all evidence of their threat, secure your child’s travel documents, and call my office. We will rush to court to file an emergency order blocking the move before it actually happens.
Sometimes, you are the parent staying behind, and your ex is threatening to disappear with the kids. You cannot wait and see if they are bluffing.
What to Do in the First 24 Hours:
- Save the evidence. Screenshot every text, save every voicemail, and write down exactly what they said about moving.
- Hold the passports. If your child has a passport or birth certificate, keep them locked in a safe place.
- Do not argue. Fighting with them will only push them to leave faster. Stay calm and quiet.
- Call my firm. My team will draft an emergency motion to stop the relocation. We will get it in front of a judge immediately. [Internal Link: Las Vegas Family Law page].
What happens if I violate Nevada relocation laws?
Ignoring Nevada relocation laws will destroy your case. A Clark County judge can immediately order the child back to Nevada. You may also be forced to pay the other parent’s legal fees and face severe criminal charges for custodial interference.
Here is a simple breakdown of what happens when parents ignore the rules.
| Legal Action | What It Means | Potential Penalty |
| Violating the Injunction | Moving during a pending case. | Contempt of court, losing custody rights. |
| Custodial Interference | Keeping the child away from the other parent. | Category D Felony, 1 to 4 years in prison. |
| Attorney’s Fees Award | The judge makes you pay for your ex’s lawyer. | Paying thousands of dollars out of pocket. |
Note: The Clark County Family Court handles thousands of custody disputes every year. They deal with parental kidnapping often and act quickly. [Insert accurate Clark County statistic here regarding family court filings].
Frequently Asked Questions About Moving During a Custody Case
Can I move to Henderson or North Las Vegas during my case?
Yes. The temporary injunction only stops you from taking the child out of the State of Nevada. You can move to a new house or apartment within Clark County or anywhere else in Nevada without getting a judge’s permission.
What if my child is in immediate danger?
If your child is in physical danger from the other parent, call 911 immediately. If there is a history of domestic violence, my team can help you file for a Temporary Protection Order (TPO) to keep your child safe while we figure out the relocation request.
Does it matter if we were never married?
No. Unmarried parents still have to follow the rules once a paternity or custody case is filed. The same injunction applies, and neither parent can leave the state with the child until the court gives permission.
How long does a relocation motion take?
It depends on the court’s schedule, but it is not a fast process. A judge will usually require an evidentiary hearing or a mini-trial to review all the facts. This can take anywhere from three to six months.
Can the judge stop me from moving without my child?
No. You are an adult, and the court cannot trap you in Nevada. You are free to move out of state whenever you want. However, you cannot take your child with you. If you move, the judge will likely grant primary physical custody to the parent who stays in Nevada.
Who pays for the child’s travel costs if the judge lets me move?
The judge will decide this based on both parents’ incomes. Often, the parent who chooses to move is required to pay a larger share of the flight costs so the child can still visit the non-relocating parent.
Can I just take a quick weekend vacation to California?
Technically, leaving the state for any reason while the injunction is active violates the order. If you want to take a short vacation, you should ask the other parent to send you a text or email agreeing to the trip.
Can a judge force my child to come back if I already left?
Yes. Nevada courts have the power to issue a “pick-up order.” This allows law enforcement in your new state to locate you, take the child, and return them to the other parent in Nevada.
Get Representation with Heart Today
Family law cases are incredibly emotional. You want to make the best choices for your children, but one wrong move can cost you everything. You need an advocate who knows the system, knows the judges, and will give you the honest truth.
At The Law Offices of Michael I. Gowdey, LTD., we stand by our motto: Justice with Integrity. Representation with Heart. Whether you need to move out of state or you need to stop your ex from taking your kids, my team is ready to fight for you.