Nevada family-law case summaries

Greg and Heidi Pelkola divorced in 2014 and share legal custody of their three children, with Heidi having primary physical custody. After the divorce, Heidi obtained court permission under Nevada's relocation statute (NRS 125C.006) to move with the children from Nevada to Arizona. In October 2019, she asked the district court for permission to move again, this time from Arizona to Ohio. Greg did not consent. The district court told Heidi she did not actually need permission for this second move, reasoning that the Nevada statute only governed her original move out of Nevada. The court nevertheless granted permission and made limited findings about how the Ohio move would affect Greg's visitation. Greg appealed. The Nevada Supreme Court agreed with him on two points. First, the court read the statute's words literally: NRS 125C.006 requires permission whenever a custodial parent intends to relocate the child "to a place outside of" Nevada, and that language covers a move from one out-of-state location (Arizona) to another (Ohio), not just a move directly out of Nevada. The court noted that the opposite reading would let a parent who had moved with permission to a nearby state then move anywhere in the world - even Japan - without notice to the other parent. Second, because the relocation statute did apply, the district court was required by NRS 125C.007 to make specific findings on a list of factors, including whether there was a sensible, good-faith reason for the move, whether the move served the children's best interests, and whether the move offered an actual advantage to the relocating parent and child. If those threshold factors are met, the court must then weigh additional factors about quality of life, motives, and visitation. The Supreme Court held that the district court did not make the required findings and so abused its discretion by granting the petition. The Supreme Court reversed and sent the case back so the district court can hold an evidentiary hearing and issue specific findings on each applicable factor. The court also reversed the attorney-fee award tied to the relocation petition and instructed the lower court to recalculate it as necessary.