When A Child Is Removed To A Distant Jurisdiction

Being the custodial parent does not entitle you to remove the child from the area agreed upon in the custody proceedings.

It is a common problem in a shaky economy, or when the custodial parent wants to get away from the other parent, for whatever reason.

If your custody orders were handed down from a Nebraska court, you must seek court approval before moving out of state.

A parent seeking to relocate with a minor child must first demonstrate to the court that there is a legitimate reason for moving away. If the court agrees that the reason is legitimate, it then must decide whether removal is in the best interests of the child. In doing so, it must:

  • Weigh both parents' motives for seeking or opposing the move
  • Evaluate whether the move will enhance the child's quality of life
  • Assess the impact the move will have on future visitation with the parent left behind

When the noncustodial parent wishes to be granted sole custody of a child and at the same time move the child outside the jurisdiction, the court will assess whether the change is in the child's best interests. It is then up to the court to decide whether removal is justified.

The child custody advocates at Reisinger Booth & Associates, PLLO, have extensive experience in complex custody matters, having taken difficult relocation cases all the way to the Nebraska Supreme Court.


What are the circumstances in your child relocation problem? Call the family attorneys at Reisinger Booth & Associates, PLLO, in Omaha, Nebraska, at 402-451-4488, or use this online form to ask our lawyers your questions.