Higgins Law
Call For A Consultation: 402-933-7600

A Focused Approach To Divorce And Family Law

Omaha family law attorney Matt Higgins is AV Preeminent* peer review-rated through Martindale-Hubbell, the highest rating, for legal abilities and ethical standards.

A Focused Approach To Divorce And Family Law

Omaha family law attorney Matt Higgins is AV Preeminent* peer review-rated through Martindale-Hubbell, the highest rating, for legal abilities and ethical standards.

Higgins Law
Call For A Consultation:
402-933-7600

A Focused Approach To Divorce And Family Law

Omaha family law attorney Matt Higgins is AV Preeminent* peer review-rated through Martindale-Hubbell, the highest rating, for legal abilities and ethical standards.

DIVORCE AND FAMILY LAW REPRESENTATION IN OMAHA, NEBRASKA

Moving away with your children can be a complicated process if another parent shares custody or has visitation. There are legal requirements to navigate, and often, the other parent will not be happy with a child moving away.

If you are planning to move away and take your child with you, understand that parents make mistakes in these situations that put their child and parental rights in danger.

Mistake #1: Moving without permission

Parents who share custody cannot move out of the state or country with their children unless the other parent or the courts approve. 

If you move without securing approval, you face serious consequences. You could face charges of custodial interference or even parental kidnapping. These offenses can result in loss of parenting rights, fines and incarceration.

Mistake #2: Assuming the courts will approve the relocation

Nebraska courts will not approve a relocation order just because a parent wants to move. They will consider numerous factors before modifying a parenting plan in light of relocation. Courts look at:

  • The purpose of the move
  • How relocation would affect a child’s relationship with the other parent
  • Whether the child wants to move
  • Existing connections between a child and their community
  • Parental living conditions

These and other factors will help the courts decide whether the move is in the child’s best interests. If it is not, the courts can deny the request.

Mistake #3: Failing to consider alternatives

Parents may want to move for a job, a better lifestyle or a new relationship. Whatever the reason behind the proposed move is, it is crucial to consider possible alternatives. 

For instance, instead of moving for a job, you might negotiate a remote-work arrangement. You could agree to modify custody temporarily.

If your child or the other parent is opposed to the move, you may need to modify your parenting plan so that your child can stay with the other parent and visit you for longer stretches of time.

The reality of relocation

Relocating with a child can be complicated and contentious. These cases also take time. Making these mistakes can only make matters worse.

Thus, seeking legal guidance and avoiding these common missteps can make it easier to protect your rights as a parent and pursue the desired outcome.