What Constitutes Relocation Under Family Law In Nebraska?
A relocation is when either parent wishes to move the minor child out of the state of Nebraska permanently. This may be due to a change in job, or new orders if they are in the military. It could be any number of other factors as well, like an illness with their parents. It has to be a significant factor for relocation and you have to ask permission to relocate because it would obviously affect the other parent’s parenting time with the minor child.
What Are Valid Reasons In Nebraska To Relocate With My Child?
In Nebraska, the court would require the moving party to have a legitimate reason for moving the child out of the state. There are any number of factors that would constitute a legitimate reason. One of the common reasons we hear often is a military member gets ordered to another base somewhere in the United States or even outside the country.
They have to ask permission because even if they are not the custodial parent, they would have to readjust or modify their visitation. If they wanted to bring the child with them because they were the custodial parent, they would have to have a legitimate reason, like a change in employment. There is no specific list that the state of Nebraska or the Supreme Court states. It just has to be something legitimate.
How Much Advance Notice Must Be Given By A Parent Who Intends To Relocate With A Child?
I tell my clients to try to provide as much advance notice to the other parent as possible because you might be able to negotiate an agreement, but if you are not, you need sufficient time to go through the court system. You don’t want to have to leave your child here, if you have custody, because you waited too long to file your action for a modification and now you have to move. Even before you file, you should try to talk to the other parent and see if there is any meeting of the minds on moving this forward and making it as easy as possible. Usually, both parents have a legitimate reason for wanting the child either to move or to stay. That’s the reason why courts are often needed.
What Specific Information Must Be Included In The Written Notice To Relocate With A Child?
There is no requirement prior to the filing of an action to give them written notice. Under Nebraska law, you have to specifically get permission if there is a prior order, before you move. Even if there is not a prior order, make sure that you contact an attorney and find out the specifics on what you have to do. If you have to file a modification action and seek the permission of the court, you’d actually file a complaint. That complaint would then be served on the other side or they would have to sign a voluntary appearance and within that complaint, you would have to state when you plan on leaving, whether you plan on taking the minor child, that you have a legitimate reason for leaving the state, and how such a move would be in the child’s best interests.
The other side has then been officially notified through the court system, through service, and you are telling them what you are asking for and that they have a chance to file a responsive pleading to that.
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