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Relocating: How it can affect your custody and visitation

Many divorced couples choose to stay in close proximity to each other to ensure visitation is easier to arrange and continue the children's ability to maintain relationships with extended family. However, in some cases, one parent wants to move quite a bit outside of the current jurisdiction. When this parent is also the custodial parent, it can create issues.

If you are a custodial parent planning a big move, it's important to remember that you cannot automatically move the children outside of the current jurisdiction. This is true even if the move is for a legitimate need, such as a job or to take care of a sick family member. To move out of the state of Nebraska, you must first get the court's approval. This entails explaining to the courts why the move is necessary or in the best interests of the child and how it will affect the noncustodial parent's visitation.

If you are a noncustodial parent worried about your ex taking the children out of state, it's important to retain knowledgeable legal counsel and be present for all court proceedings. If you wish to object to the relocation, you'll need to make the appropriate filings as soon as possible. While it is possible that the courts will refuse to grant the other parent permission to relocate the child, you'll also need to work out what you would like to do in regards to visitation if the courts approve the move.

No matter which side you are on, a move involving children is a very stressful event, even without the added complications of being divorced. At Reisinger, Booth & Associates, we understand the challenges of this situation and work to help you navigate them as easily as possible.

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