Important vocabulary for parents who want to leave Nebraska
If you're a single parent who wants to move to another state with your child, you must get approval from the court. In many cases, it may not be possible to gain permission for this kind of move, but sometimes, the court will approve of your request.
When a parent wants to live in another state with his or her child, it's called a "move-away" case. Navigating a legal request like this requires experience and sensitivity -- both to the law and to the concerns of all parties involved. There are also some unique legal terms that could come into play.
Move-away case vocabulary you should know
Good faith burden of proof: You might need to provide a detailed explanation for why you want or need to make your move. You'll need to include information about: your cost of living; how the move will affect the child's contact with family; how it will affect the quality of his or her level of childcare; whether you have an actual job offer and why it's better; and other reasons. These reasons should illuminate why the move is in the best interest of your child.
Notice and consent: You may be required to give the other parent notice of your intention to move in writing. This notice may have to be given within 30, 60 or 90 days before your move date. You may also need to get consent from the parent in addition to giving notice, and the other parent may have the ability to file a "motion to prevent relocation."
Express consent: If you gain permission from the other parent for you and your child to relocate, it's referred to as "express consent." This consent may already be in your child custody plan and other divorce papers from your original child custody proceedings.
Distance: Sometimes, distance will be a major factor in your move-away case. You might be permitted to move anywhere within a 100-mile radius of your current location. Moves might also be limited by state lines, requiring special court permission if you want to move, even a couple miles on the other side of the state border.
Get legal help with your move-away request
An experienced Nebraska family law attorney will know what courts look for when considering a move-away request. Your attorney can help you prepare your case in a way that illuminates how the move will be in the best interest of your child and family in order to increase your chances of court approval.
Source: Nov. 30, -0001