Vacanti | Shattuck | Finocchiaro Attorneys

How Is Jurisdiction Defined If The Parents Reside In Separate States?

If the custodial parent is seeking a removal out of the state of Nebraska but the other parent does not live in that state, you may still have to ask for permission, but it might be easier to receive permission. The whole idea behind seeking permission for an approval is how it will affect the non-custodial parent’s relationship with the child and whether it would be in the child’s best interests. If the other parent is not even in Nebraska, it’s easier. The home state of a minor child would be Nebraska if the child has lived in Nebraska for at least six months continuously with the intent of remaining in the state. That is where the court will suggest the child stays, unless there is a legitimate reason to move. Oftentimes, if the non-custodial parent is not living in that state, it would be easier to remove the child.

Will The Court Change The Visitation Schedule Due To Relocation For Travel Times Etc.?

The court will adjust the visitation time if they allow the move, especially if it was a contested removal. Obviously, if the parties agree, they can come up with any type of agreement they want and submit an order to the court saying that they agree to the removal and this is what they want to do. Courts will usually approve those without too much problem. If it’s contested, the non-custodial parent will, at a minimum, have every other weekend visitation.

The plan has to be adjusted and the court will try to make up some of the loss in visitation by giving the non-custodial parent longer periods of time during the summer and more of the major holidays. They will adjust to try to be fair and give enough parenting time, so the non-custodial parent maintains a good relationship with their child or children.

Will We Have To Go To Court To Discuss A Relocation Request?

If you don’t agree on the move, you will have to go to court. If you can come to an agreement, you can usually submit a stipulated order to the court allowing the removal. Some people just move because they say they have a verbal agreement but I would not do that because later on, a verbal agreement is hard to enforce. If the non-custodial parent or the person who was left behind could claim that you didn’t have an agreement, the court would order that child back until the trial. I encourage you to seek an attorney, get a stipulated order, and submit it to the court. If you don’t agree and you are in a rush to move, you are able to request an expedited trial date.

For more information on Jurisdiction When Parents Are In Separate States, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (402) 235-6070 today.

Vacanti | Shattuck | Finocchiaro Attorneys

Call Today To Schedule A
Consultation With An Attorney
(402) 235-6070

Get Help Now