Vacanti | Shattuck | Finocchiaro Attorneys

What Are Restrictions On Relocation Of A Parent Under Nebraska State Law?

There are no specific instructions on where and when you can move, necessarily, but it’s dependent on the facts of the case. If you have a legitimate reason for leaving a state with a minor child, the court will look at that first and then they will go through factors on what is in the child’s best interests. If those rise to a level where the court believes it’s in the child’s best interest to move, then they will allow the order. If not, then there has to be some type of other order entered and the parent who is seeking their removal will have to decide if they are still interested in moving. If they decide they’re going to move anyway, we have to adjust visitation and other things within the order.

What Are All The Factors The Court Considers In Deciding The Relocation Of A Child?

I suggest that anyone who is going through a relocation reads a Nebraska case called Farnesworth vs. Farnesworth. There is no one list that the court will look at, but there are certain factors that they have listed through case law that they want the court to address. They want to see if the move improves the living conditions or the financial conditions of the moving party. They want to look at how the move would affect the child’s the relationship with the non-custodial parent.

The court wants want to look at how the move might improve the conditions for the minor child. Are you moving to a place that has comparable or better schools? Are they much worse? They would look at whether a child has relationships in the state of Nebraska and whether those relationships with friends or family members will be affected. Are there advantages to moving closer to other family members outside the jurisdiction of Nebraska? There are a lot of factors and if you came into my office I would give you copies of some of the case law to look at. We would have to start working on those factors and developing facts that we can present to the court to show that your move is in the child’s best interest. If you show up to court and you have not addressed these issues, you will lose.

How Are Transportation Costs Worked Out Among Parents In A Relocation Case If It Is Approved?

Oftentimes, transportation costs and transportation responsibilities will have to be addressed by the court. If you are seeking permission to move because you have been the custodial parent and you got ordered to a new job, the non-custodial parent would obviously be affected by that and could not exercise the visitation that they are used to. It would cause an additional financial burden to them to exercise their visitation. Many times, the court will reduce their child support accordingly.

For more information on Restrictions On Relocation 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.

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