What Is The Process To Apply For Relocating With A Child?
First, find out if you have a legitimate reason for wanting to move out of the jurisdiction. Secondly, let the other side know as soon as possible and see if you can come to an agreement. If you can, seek an attorney and come up with a stipulated order, so you can bypass a trial. If you are unable to agree, you will need to still seek an attorney. The moving party would have to file a complaint through the court system requesting the removal.
There are some circumstances where there are no prior orders from the court even establishing paternity. Those are special circumstances. I would advise both parents to see an attorney before they do anything. The first step in any of this process is notification to the other side and contacting an attorney to evaluate.
Can I Appeal A Relocation Decision Granted By The Family Court In Nebraska?
Any time you go through a contested case and on rare occasions, even if it’s not contested, you are allowed to appeal a decision within 30 days of the entry of that decision. Rarely, they will stop the removal on a temporary basis during the period of time an appeal is being heard. An appeal is heard either by the Court of Appeals or the Supreme Court. They look at the record from the trial to see if the judge erred in their decision making to the point where the court is going to reverse it or going to require the court to review it in some manner. Sometimes, it’s only a partial change that the Court of Appeals requires. Maybe the determination of cost for transportation is raised with the removal still allowed.
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