Legal Question in Family Law in Nevada

You should not violate his joint legal custody by unilaterally moving. You should either get his permission or ask the court. You may be moving within the state, but for a man behind bars it may as well be to Mars.

Do you ever have your child visit him? If not, why not? A child should know it's father unless the father is completely undeserving.

If you ever want to have peace in your family and in your life, you need to do the right thing.

My advice varies a bit from that of Mr. Wright, whose perspective is nevertheless a wise one.

However, as a technical matter, the Nevada relocation statute does not apply to intra-state (i.e., within Nevada) moves. See the statute, all cases, and a discussion, posted at http://www.willicklawgroup.com/child_custody_visitation. So the answer to the question you asked is no, you do not have to ask permission.

You don't say whether, during incarceration, the father ever actually has any visitation with the child. If not, the move will be pretty irrelevant. However, it is ALWAYS a good idea for the paperwork to reflect the reality, so it might be a good idea, if there is no visitation, to file a motion formally ending that term, at least for so long as your ex is locked up, and longer, if the reason is he is locked up has anything to do with any potential harm to the child.