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Can your ex leave with the kids after your divorce?

On Behalf of | Jan 3, 2019 | Firm News

Being a divorced father is difficult. The chances are good that you don’t get to see your children as often as you might like. You may not feel like you play a significant role in their lives, and your ex may not allow you to participate in important decision-making about what happens in the lives of your children.

All of that is hard enough when you still get to see your children regularly. If your ex decides to move out of the state, that could make maintaining a relationship much more difficult. While there are ways to have a long distance relationship parenting your children, obviously, you would prefer to see them in person.

Thankfully, the state of Nebraska understands how important it is for children to have both of their parents in their lives. Your parenting plan and custody agreement in your divorce will likely limit how far away your ex can move with the children. However, your ex will have the right to petition the courts to modify that plan to allow a move.

Your ex needs a valid reason to move away from Nebraska

Divorce is a tumultuous time, and all of that chaos can have a negative effect on children. It is important that parents do everything in their power to minimize the upheaval that children experience during a divorce. Unfortunately, some parents put their personal feelings ahead of the needs of their children.

The personal desire to get as far away from a former spouse as possible should never outweigh the needs of a child to see their parents. Some parents will still try to limit or end the relationship between their child and the other parent.

Understanding that this is an, unfortunately, common practice, the courts in Nebraska usually put a limit on how far a parent can move with the children in the custody order or parenting plan. This is one way to protect the needs of the children during a divorce. A custodial parent has to request a modification to the order if they want to move.

If your ex doesn’t have a better job lined up or another good reason to move, the courts will not grant their request to modify the parenting plan. In some cases, they could approve your ex moving but allow the children to stay with you. In certain situations, the courts may approve the request to move.

Both parents have a say in the relocation of the children

Even if you only have partial custody or visitation rights, you are still a parent. Your ex can’t unilaterally make decisions that will impact both your rights and your children without consulting you and the courts.

You will have the opportunity to present your side of the case and will have adequate time to prepare for court as advance notice is required for modifications to a parenting plan. It’s important to take any modification hearings seriously if you want to protect your rights as a father.