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.

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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.

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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

If your ex wants to relocate to another state or country with your child, you may be scared and very angry. Under these circumstances, it can be crucial to know whether you can stop them and what you can do to protect your parental rights and your relationship with your child.

Put relocation rules in writing

You may already have rules for relocation in your parenting agreement or custody order. These documents can define where parents will live, how far they can move without getting permission or how you will resolve disputes that arise while sharing custody. Reviewing these documents can be an excellent place to start.

If you are still in the process of creating these agreements, you may want to seriously consider including provisions for future relocation. 

Petition to stop the move

You can also attempt to block the relocation. In cases where both parents have custody, the parent wanting to relocate outside of Nebraska must have the permission of the other parent or the courts. If they do not and they move anyway, they can face serious allegations, including kidnapping charges.

If you oppose relocation, make your objection clear to the courts. You might argue that moving out of the state is not in your child’s best interests or that it would violate your rights. 

Pursue custody modification

In some cases, relocation is simply necessary. If you or the courts do not stop relocation, you can make a plan to adjust to the changing circumstances.

Modifying your custody order can allow you to reshape your parenting plan in light of relocation. You might address changes like where your child will spend holidays, how long your child will stay with you during your parenting time and who will cover travel expenses and logistics when a child moves between parents.

It can also be possible that the other parent decides to relocate without the child. This scenario would also typically require custody modification.

Protecting yourself and your child

Relocating outside Nebraska is not unusual. People move for jobs, family or new opportunities. Whatever the reason is, relocation will affect a child and the parents who are raising that child together but separately.

Understanding your options in these complicated situations can help you protect your rights while prioritizing your child’s wellbeing.