Legal Question in Family Law in Nebraska
moving out of state
2 kids 2 Dads D #1 KS D #2 NE. In long dist relation for 2 years. He in GA where met 8 years ago. Engaged to marry 1/04. I hv sole cust of 8 y/o stip and agree with 5 y/o -I have ''care, custody and control NCP hv visit rights''. Fiance establishd career lucrative income, I'm RN wking on MSN-done 5/04 -not relocate til 7/04-kids spend 1/2 of sum with Dads and 1/2 adjust to mv. Visit sug:last 7 dys May all Ju and Jul (1 wk we fly back kids togeth),1st 7 dys Aug, 1/2 of wint brk alternate 1/2 with us that Christ falls alternate Thnks and East-if Dads don't hv for Thnks can hv for 7 dys in fall and if Dads don't have for East hv for 7 dys over sprg brk. We pay for air trav carry kids on fam heth insur, no CS for mo of June. State ''if visit arrange arent met on our part, cust be transferred to D's and hv the agree state that D's can visit at own ex to GA if agreed by parties. The last thing we want to do is interfere with the kids relation with Dads or mk mv a finance burden on Dads. Are what we suggest reasonable? Fiance relocate? not solve our move out of st-lack of co.in NE, he take a cut in pay. How strict is the mv away law in NE? We hv kids registered in sch, hv home, I hv job lined up, etc.
1 Answer from Attorneys
Re: moving out of state
The relative success or failure of being allowed to move children from Nebraska ultimately depends on the District Court Judge that hears your case. Some are very strict, others will allow almost any request.
I would advise having a plan in place where the non-custodial parent will see the kids on a regular and routine basis. Also, you will need to show that it is in the best interests of the child(ren) to make the move. To that end, I would have a thoughtful answer, i.e. better employment for the custodial parent, better school system, more opportunities for the children, etc.
The best strategy probably would be to get the non-custodial parent to agree to the move, then your attorney can draft a stipulation to present to the judge for his/her 'rubber stamp.' Good luck.
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