Compassionate Counsel In Difficult Situations
The relocation of your children outside the boundaries and jurisdiction of the Nebraska courts is one of the most difficult issues that can come up in a divorce or modification proceeding. It is important for your lawyer to take the time to gain a full and precise understanding of your unique situation. At The Law Offices of James A. Adams PCLLO, I know there are many different factors to consider in determining relocation or removal of your minor children from the jurisdiction of your original decree.
I will educate you on what is required for the relocation or removal of the minor children, how to fight against it if necessary, the possible consequences of relocation, the complicated process and the potential legal battle ahead.
Nebraska courts have identified a number of factors that judges must consider when ruling on relocation matters. They must determine the legitimacy of the parent’s reason for requesting the relocation, and they must determine that the relocation is in your child(ren)’s best interests. Judges will closely examine the parent’s motivations and necessity for relocation. The entire process can take a heavy toll on parents and children.
Aggressive Representation When You Need it Most
Becoming informed and educated about the various issues involved in a child custody relocation case is vital. I have more than 25 years of experience advocating for and protecting the rights of fathers in Nebraska. Just because your ex-wife decides that your child(ren) can be better cared for if she moves out of state to a new job or to be closer to family, that does not mean that it is in your children’s best interests. A custodial parent desiring to relocate bears the burden of proof and must convince the courts that the move is legitimate and will enhance your child’s life on the basis of several factors.
The judge will consider the following:
- Motivation and reasons for the move away
- Impacts on existing parental and familial relationships
- Impacts on existing custody and parenting plan agreements
- Impact on the child(ren) as it relates to existing communities, schools, friends, etc.
- Likelihood of continuing appropriate child-parent interaction and relationships
- Likelihood that the proposed move will enhance the child(ren)’s quality of life (education, standard of living, activities, proximity to extended family, etc.)
- The likelihood that the moving parent will foster and encourage the child(ren)’s relationship with the other parent
The issue of relocation can become particularly complicated in military divorces with matters of PCS orders.