Monzón, Guerra & Associates, Attorneys at Law

Call for Free Initial Consultation
Consultations are Confidential

402-477-8188
contact Menu

Divorced? Better check state laws before relocating your children

Fight Your DUI Charges. Contact Us Today.

When you divorced, you were determined to make your children's best interests a central focus of the proceedings. You were proud of your children's valiant efforts to come to terms with the situation, and you wanted to ensure them of your support. You also wanted to try to cause as little upheaval as possible in their young lives. You were greatly relieved when they were excited about your idea to move to a new home in Nebraska, a bit of a distance from where you live now.

As a custodial parent, you're confident in your ability to provide for your kids and to make decisions on behalf of your family. You also realize there's another parent involved, and most times, willingness to cooperate and compromise are key factors to avoiding parenting disputes. As for relocation, there may be existing regulations that determine how you go about bringing your plan to fruition.

Keeping these issues in mind may help you avoid legal problems

Each state governs child custody matters by its own guidelines. The following list includes general information that may apply to your situation:

  • It's often possible to include an expressed consent clause in a divorce parenting plan. This typically occurs during proceedings when the court is making decisions regarding child custody and visitation issues. With an expressed consent agreement, you'd have the right to relocate at will.
  • Some states have regulations regarding relocation distances. For instance, you may be able to move anywhere within 50 miles but beyond that need to seek approval from the court. This is why it's crucial to seek clarification of specific Nebraska laws ahead of time.
  • The court often gives non-custodial parents the right to consent or contest a custodial parent's proposed relocation. To contest, non-custodial parents must file motions to try to prevent relocation.
  • The court may also ask you to provide good reason as to why you request permission to relocate your children, You might include issues such as job opportunities, the ability to live closer to extended family members, or the cost of living more feasible to your current financial situation.

Before you put a for sale sign in your front yard, be aware that the court may, in fact, require you to submit written notice ahead of time of your intentions to relocate your children. The time period for such notice could be anywhere from 30 to 60 days or more. The last thing you need is to run into legal challenges for violating a child custody regulation you didn't know existed.

This is why reaching out for support before you actualize your plan is the best way to avoid negative surprises down the line. Many Nebraska parents turn to experienced family law attorneys for legal clarification and assistance with child custody relocation matters.

No Comments

Leave a comment
Comment Information
Email Us For a Response

Contact Monzón, Guerra & Associates Attorneys At Law

We Will Go The Extra Mile In Order To Achieve Your Goals & Exceed Your Expectations

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Monzón, Guerra & Associates, Attorneys at Law
1133 H Street
Lincoln, NE 68508

Toll Free: 866-734-7798
Phone: 402-477-8188
Fax: 402-477-8202
Lincoln Law Office Map