Reisinger Booth & Associates, P.C., L.L.O.

Moving out of state

Legal separations may not be as common as divorce, but they can be a definite option for couples who aren't sure they are ready to fully end their marriage for whatever reason. A legal separation has many benefits, and some couples may even choose to reconcile during this time. Others, however, find that the separation time cements their decision to move forward with the divorce.

However, by the time a legal separation leads to a divorce, the two parties may well have moved on with their lives and be ready to go in separate directions quickly. One thing that is very common in cases of divorce is one party wanting to move away for a fresh state. When child are involved, however, it is not as simple as just packing some boxes and hiring the movers.

According to the state of Nebraska, custodial parents must get permission to move a child under the provisions in a custody order out of the state. This is put into the statutes to protect the visitation rights of the noncustodial parents — as moving a long distance is bound to have an impact on the current parenting schedule — and the best interests of the child.

While it may be difficult to get this permission, it is not impossible. If you are in a legal separation headed for divorce and are anticipating a relocation, it's important to talk with your attorney about what you need to do as soon as possible. This allows you to overcome any initial roadblocks or find out whether the move is even an option before you get too far into the planning.

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Reisinger Booth & Associates, P.C., L.L.O.

7602 Pacific Street, Suite 222
Omaha, NE 68114

Phone: 402-983-8213
Fax: 402-457-6309
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