Legal Question in Family Law in Nebraska

Move with child before legal papers filed

I will be divorcing my husband, but because of finances cannot file immediately. I want custody of our son because of bizarre behavior of my husband. My main support system and job opportunities are out of state. Can I legally take my son out of the state before any paperwork is filed.


Asked on 8/13/07, 10:41 am

1 Answer from Attorneys
David Tarvi n Tarvin Law Office

Re: Move with child before legal papers filed

First, if finances are a problem, you can contact Volunteer Lawyers Project or your local Legal Aid office to see if they can help you.

As for moving out of state, at the moment you both have custody of your child, so while nothing prevents you from moving out of state, nothing prevents your husband from following you and taking son back. You need to file a motion for temporary custody with the court.

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Answered on 8/25/07, 10:27 am


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