You and your ex had to split everything in your divorce, from the ownership interest you have in your home to apparently home with your children. Eventually, you will settle into a new routine after you separate your lives successfully.
You may eventually decide that you need a fresh start after so many major changes. Perhaps you have decided to go back to school for your master’s degree and applied only to coastal educational institutions. Maybe you have family in Texas and would like to take some time to reconnect with them while you figure out your next step.
When you share children with your ex, even if you technically have primary or sole custody, you cannot just pack up and move regardless of how much you may want to do exactly that. Whose permission will you need to relocate with your children after a Nebraska divorce?
You need permission from your ex or the family courts
The best case scenario for someone considering a relocation out of the state or far from where they currently live with the children is cooperation from the other parent. If your ex can see the value in you obtaining a degree and the children traveling with you, your desire to pursue a better future elsewhere will simply require that they sign paperwork. You can then pursue an uncontested custody modification in the Nebraska family courts.
If your ex does not agree because they worry about the impact it will have on their relationship with the children, then you will have to go to court. If the judge agrees that the relocation is the best option, they will modify your parenting plan accordingly. Otherwise, they may deny you permission to move or even allow you to move if the children stay with your ex instead.
How do you get a judge to agree with you?
If you want a judge to approve your relocation request when it will negatively impact your ex’s ability to spend time with the children, you will need a good justification for the move.
Your best hope of convincing the courts that the move is in the children’s best interests will be to highlight why the move is good for the children rather than necessary for you. Schools, social connections and other locally available resources could make a move a good choice for your family, especially if it has been hard for your kids to readjust after the divorce.
Knowing how to build the right case when requesting a relocation with a shared custody order will help you obtain the best results possible given your family circumstances.
