It’s not uncommon for people to relocate after getting divorced. Securing a new job in a new town—or a new state—makes it easier to achieve a much-needed fresh start. If you happen to share kids with your ex-spouse, though, the child custody arrangement will determine how far you can actually move without running into legal issues. Here’s what divorced parents in Nebraska should know about relocating with their children. 

What Divorced Couples Should Know About Relocating Their Kids

Requirements for Moving 

Nebraska family law allows divorced parents to relocate with their children as long as their ex-spouse does not object to the move. In order to proceed, however, they must show the court that they have a valid reason to relocate, like a new job or a new spouse. The party that wishes to relocate also has to explain how the move is in their kids’ best interests, despite the impact it will have on the existing child custody arrangement.

When you’re ready to relocate, you must file a Complaint for Modification and allow 30 days for your ex-spouse to respond in writing. If they do not object, you may proceed, as long as you meet the above requirements. If he or she does object, you’ll have to go to court to prove how moving poses more benefits than staying. 

Common Relocation Disputes 

Much like standard custody disputes, relocation disputes are resolved based on the best interests of the involved children. If you have sole custody, but your ex only has visitation, moving wouldn’t totally disrupt your children’s day-to-day lives. In such a scenario, the request would likely be approved.

If you have joint residential custody, on the other hand, the court is going to scrutinize your reasons for relocating more closely. Unless your children live with you most of the time, the judge will likely be inclined to deny the move request. This is because it would uproot the children’s lives by forcing unnecessary travel on both the children and the opposite parent.

If you’re facing divorce or a contentious child custody battle, you can count on Payne Law Office for strategic counsel at every stage of the proceedings. These family law attorneys are led by Stephanie Payne and are located in Lincoln, NE. This experienced team always goes to bat for their clients and treat each case with compassion and understanding. To discuss your divorce or child custody concern with a member of their team, call (402) 477-7246.