The Nevada Supreme Court has stated that child custody cannot be used to tie one parent to the state of Nevada.  However, the Court has also refused to allow a parent to relocate when the parent was relocating for the purpose of frustrating the non-custodial parents visitation rights.  See Mason v. Mason, 115 Nev. 68, 975 P.2d 340 (1999).  However, disruption of a non-custodial parent's visitation schedule by itself is an insufficient basis for denying a removal petition. See Gandee v. Gandee, 111 Nev. 754, 895 P.2d 1285 (1995).

In Schwartz v. Schwartz, 107 Nev. 378, 382, 812 P.2d 1268, 1271 (1991), the Nevada Supreme Court stated:

In removing a child from the jurisdiction where the child currently lives, the best interests of the child should also be the paramount judicial concern. See In re Marriage of Kutinac, 182 Ill.App.3d 377, 131 Ill.Dec. 487, 490, 538 N.E.2d 862, 865 (1989); Ducheneaux v. Ducheneaux, 427 N.W.2d 122, 123 (S.D.1988); D'Onofrio v. D'Onofrio, 144 N.J.Super. 200, 365 A.2d 27, 29 (Ch.Div.1976). Determination of the best interests of a child in the removal context necessarily involves a fact-specific inquiry and cannot be reduced to a rigid "bright-line" test. See In re Marriage of Eckert, 119 Ill.2d 316, 116 Ill.Dec. 220, 224, 518 N.E.2d 1041, 1045 (1988) (citations omitted); Cooper v. Cooper, 99 N.J. 42, 491 A.2d 606, 614-15 (1984).

The Court then stated:

[I]n determining the issue of removal, the court must first find whether the custodial parent has demonstrated that an actual advantage will be realized by both the children and the custodial parent in moving to a location so far removed from the current residence that weekly visitation by the noncustodial parent is virtually precluded.

If the custodial parent satisfies the threshold requirement set forth above, then the court must weigh the following additional factors and their impact on all members of the family, including the extent to which the compelling interests of each member of the family are accommodated: (1) the extent to which the move is likely to improve the quality of life for both the children and the custodial parent; (2) whether the custodial parent's motives are honorable, and not designed to frustrate or defeat visitation rights accorded to the noncustodial parent; (3) whether, if permission to remove is granted, the custodial parent will comply with any substitute visitation orders issued by the court; (4) whether the noncustodian's motives are honorable in resisting the motion for permission to remove, or to what extent, if any, the opposition is intended to secure a financial advantage in the form of ongoing support obligations or otherwise; (5) whether, if removal is allowed, there will be a realistic opportunity for the noncustodial parent to maintain a visitation schedule that will adequately foster and preserve the parental relationship with the noncustodial parent.

In weighing and balancing the above factors, the court will, of course, have to consider any number of sub-factors that may assist the court in reaching an appropriate decision. For example, in determining whether, and the extent to which the move will likely improve the quality of life for the children and the custodial parent, the court may require evidence concerning such matters as: (1) whether positive family care and support, including that of the extended family, will be enhanced; (2) whether housing and environmental living conditions will be improved; (3) whether educational advantages for the children will result; (4) whether the custodial parent's employment and income will improve; (5) whether special needs of a child, medical or otherwise, will be better served; and (6) whether, in the child's opinion, circumstances and relationships will be improved. The foregoing list is by no means exhaustive, and is only illustrative of the many sub-factors that the court may, in the exercise of good common sense, feel the need to pursue prior to ruling on the issue of removal. In certain instances, the court may even conclude that a professional opinion or evaluation by a psychiatrist or psychologist will be desirable in assessing the impact of the move on a child.

Schwartz, 107 Nev. at 382 - 383, 812 P.2d at 1271 - 1272.