Moving With Your Child In Nebraska: Essential Custody Questions Answered
Moving is always challenging for families, but divorced families often face even greater difficulties. When one parent relocates, it can leave the other grappling with the complexities of adjusting custody arrangements. This article will guide Nebraska parents through the process of moving while sharing custody after a divorce, including:
- How to legally move when sharing custody in Nebraska.
- What factors the court prioritizes, and how to convince them that moving is in your child’s best interest.
- The consequences of moving without permission and how to deal with attempts to stop you by the other parent.
What Do I Need To Do Legally To Move Out Of Nebraska With The Child I Share Custody Of?
If you want to move out of Nebraska with your child and there is a custody order in place, you must first obtain permission from the court. Legally, this means filing a formal complaint with the court requesting permission to relocate.
How Can I Get The Court’s Permission To Relocate With My Child?
To secure the court’s approval to move out of Nebraska with your child, you need to start by filing a complaint for modification and removal. In this complaint, you’ll need to formally request permission to move your child out of state. It’s important to clearly outline the reasons for the relocation and explain why the move is necessary and in your child’s best interest.
What Do Nebraska Courts Look At When Deciding If I Can Move With My Child?
To convince the court to authorize your move out of Nebraska with your child, you must prove two key points:
- Legitimate Reason for Leaving Nebraska: You need to demonstrate that there is a valid and compelling reason for relocating. Some examples of legitimate reasons include:
- Employment or educational opportunities that are unavailable in Nebraska
- Access to specialized medical care that is not available within the state
- Marriage to an out-of-state resident
- Military transfers
- Strong family ties or connections to a community in the other state
- Best Interest of the Child: You must also provide evidence that relocating is in your child’s best interest. The court will consider how the move will benefit your child’s overall well-being, including their emotional, educational, and social needs.
How Can I Show A Nebraska Court That Moving Is In The Best Interest Of My Child?
When requesting the right to move, there are certain factors and considerations that the court has provided as guidelines for making removal decisions.
Those factors include, but are not limited to:
- The emotional, physical and developmental needs of the child,
- Your child’s opinion or preferences as to where they’d like to live, assuming that the child is of appropriate age and maturity to express those preferences,
- How your income or employment would be enhanced (thus improving the child’s standard of living),
- Improvement in your housing or living conditions,
- Educational advantages,
- The quality of relationships between the child and each parent,
- The child’s ties to both communities, including any extended family in Nebraska or the state you are trying to move to.
This is hardly an exhaustive list, but the through-line is clear: the move must provide genuine improvements in the child’s life.
What Happens If I Move With My Child Without Getting The Court’s Approval?
While it might seem easier to bypass the legal process, moving out of state with your child without the court’s approval can lead to serious consequences. At a minimum, the court may order that your child be returned to Nebraska. In some cases, moving without permission could even result in more serious consequences and sanctions from the court, or a modification of the custody agreement to your disadvantage.
Relocating without approval can also trigger complex legal challenges and jurisdictional issues, particularly when a custody order is already in place. It is strongly advised that parents do not move out of state without securing either an agreement with the other parent (which must be formalized into an Order for Modification and Removal to be entered by the court) or an order from the court granting permission following litigation.
What Can I Do If The Other Parent Tries To Stop Me From Moving? How Can A Family Law Attorney Help?
While it’s possible to relocate with your child through mutual agreement with your ex, it’s not uncommon for the non-moving parent to object. In such cases, you would need to file a formal modification and removal action with the court. This is when it becomes crucial to consult with an attorney.
A family law attorney can guide you through the legal complexities involved in obtaining permission to move. They can help prepare your case by gathering evidence and crafting arguments to support your request. Given the significant impact that a move can have on a parent’s relationship with their child, you can expect strong opposition and a high burden of proof to convince the court.
Don’t take the risk of moving without permission or assuming the court will automatically grant your request. Hire an attorney to ensure you have the legal support necessary to secure your right to move.
For more information on Moving With Your Child In Nebraska, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (402) 235-6070 today.
