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Is the other biological parent trying to move with your child?

| Jan 8, 2021 | Divorce

One of your main priorities as a parent is preserving the relationship you have with your child after a divorce. The end of your marriage can significantly impact the youngest members of the family, especially if they have to move or change schools. For this reason, many parents choose to create a parenting plan that provides as little disruption to their daily lives as possible.

As a biological parent, you have the right to maintain an active role in the life of your children, even if they do not live with you. There may be a significant disruption to your custody schedule if the other parent tries to move with your child. If you learned that your former spouse intends to relocate a considerable distance away, you may find yourself in a position where you need to protect your parental rights and the relationship you have with your child.

Is a move possible?

After a divorce, a move is sometimes necessary for job purposes or a fresh start. However, this does not mean the other parent can simply move and ignore the terms of your custody order and visitation plan. The following facts about relocation may be helpful for you:

  • To move out of state with a child after a divorce, it will generally require the permission of a judge.
  • In some cases, relocation may only be possible if the other parent gives consent.
  • The other parent may have to prove to the judge the move is necessary for various reasons in order to get permission.

Regardless of why the other parent wants to move with your child, you have the right to seek a fair outcome to the situation. You do not have to relinquish your time with your child, but you can fight to preserve continuity, stability and security for him or her.

A good place to start

Whether you are still working through the terms of your divorce order or you are dealing with the possibility of a post-divorce relocation, there is significant benefit in working with an experienced Nebraska family law attorney. The terms of your custody order matter, and you can fight to enforce these terms if a move could threaten your rightful parenting time. The ultimate goal in any child custody decision should be protecting the best interests of the kids above all else.