If you are subject to a Nebraska custody decree or parenting plan, relocating out of state with your minor child requires formal legal authorization. A parent cannot simply leave without following the process the court has established.
The removal action petition
Under Nebraska law, a parent seeking to relocate must either secure written consent from the other parent or file a formal petition for a removal action in district court. The existing parenting plan and visitation schedule remain legally binding until a judge officially modifies them. Acting without that authorization can have serious consequences.
The two-part legal test for relocation
In Farnsworth v. Farnsworth, the Nebraska Supreme Court established a two-prong evaluation for out-of-state moves:
The first step requires the moving parent to demonstrate a legitimate reason for leaving. Recognized reasons include verifiable career advancement, military transfers, or significant educational opportunities.
If that threshold is met, the court moves to the second step and evaluates the proposed move under the best interest of the child standard. Judges weigh quality-of-life considerations, emotional stability, housing conditions, and the likely impact on the child’s relationship with the parent who is not relocating.
Both steps must be addressed, and the burden of proof rests with the parent seeking to move.
Consequences of relocating without court approval
Moving out of state with a child without court authorization can result in contempt of court sanctions, emergency orders requiring the child’s return, and potential modification of primary custody in favor of the non-relocating parent. Courts treat unilateral relocation as a serious violation of the existing custody order.
Protecting your parental rights
Whether you are seeking to relocate or opposing a move, relocation cases involve detailed factual and legal standards. A family law attorney in Nebraska can help you understand your rights, evaluate your position, and present your case effectively in court.