As you transition into your post-divorce life in Lincoln, your thoughts will inevitably turn to your future. As you contemplate this, the question may arise to whether a relocation might become a possibility. Opportunities to advance your career may pop up in other business markets. You may want to be closer to your immediate family. Or you may even meet someone knew with whom you would like to start a new relationship. Yet sharing custody of your kids with your ex-spouse could potentially limit your relocation opportunities.
This is not to say that you cannot move away; rather, absent any reason to deny your ex-spouse access to your kids, the court will typically insist that they have continued access to them. Thus, you should expect your decision to relocate to be closely scrutinized.
Nebraska’s Supreme Court has set the standard that must be met in order to move away with your kids. It requires that the following four factors be considered:
- The reason for the proposed relocation
- Both your motives for requesting the move and your ex-spouse’s in opposing it
- The impact the move may have on your ex-spouse’s time with the kids
- Your children’s quality of life
Specifically referring to your kids’ quality of life, the court looks at how moving might affect their emotional, physical and developmental needs, as well as the quality of their relationships with both you and your ex-spouse. Potential improvements in educational opportunities and living conditions are also considered, as is your children’s preference.
You may be able to avoid any stress associated with a relocation by working with your ex-spouse to come up with an amended custody arrangement. This satisfies both sides and avoids the need for the court to make any changes to your custodial situation on its own.