You must follow due process if you wish to relocate with your child out of Nebraska but share custody with your co-parent. It means seeking your co-parent’s consent or obtaining the court’s approval, given the disruptions a relocation may have on the current custody arrangement.
Should your co-parent oppose the move and the matter ends in court, a judge may deny your request to relocate to the children. It all depends on the unique circumstances of your case. Below are some common reasons why this can happen.
1. The move is not in the child’s best interests
Nebraska courts prioritize the child’s best interests when making custody and relocation decisions. The judge may deny the request if the proposed move affects the child’s well-being.
Factors considered include the child’s relationship with each parent, their ties to the community, their schooling and extracurricular activities and the stability of the proposed new environment. Sometimes, the child’s preferences may weigh in the court’s decision.
2. Your reason for relocation is not in good faith
If your reason for relocation is primarily to interfere with the noncustodial parent’s relationship with the child rather than a legitimate reason, the request is likely to be denied.
3. A history of non-compliance with custody orders
A judge is less likely to approve your relocation request if you have constantly violated the existing custody arrangement. A history of non-compliance can raise concerns about your willingness and ability to foster a positive co-parenting relationship and maintain the child’s relationship with the noncustodial parent after the move.
If you find yourself contemplating a relocation with your child, seeking guidance is essential in navigating the intricate legal landscape, presenting a compelling case and ensuring that the best interests of your child remain at the forefront.