As you endure the aftermath of your divorce, moving on probably means moving the furthest away as possible from your spouse. You most likely have valid reasons for wanting to move – an employment or housing opportunity, or the need to have your loved ones within reach for emotional or financial support.
While you can move without the court’s intervention, bringing your child proves to be a completely different story. You bear the burden to establish that you are not doing this out of spite or vengeance against your spouse, and that your decision ultimately serves your child’s best interests.
A removal case
Per Nebraska law, to relocate with your child may be referred to as a removal case resulting in modifications to your existing child custody and parenting time arrangements.
During a relocation hearing, the court may assess the following factors:
- Your legitimate, good faith reasons for moving
- Your spouse’s intent for objecting to your move
- How the move influences your child’s quality of life, in terms of health, education, developmental and social needs
- How the move alters the time your child spends with your spouse
Courts might look favorably on you if you notify your spouse about your planned move as it demonstrates that you are willing to collaborate in building a sustainable and mutually beneficial system with your spouse toward upholding your child’s well-being.
Think before you move
The idea of distance can be challenging for you and your spouse as divorced parents raising your child. Therefore, relocation is another obstacle you must conquer, as it necessitates thoughtful consideration of your current family dynamics. You must substantiate how relocating positively impacts your child’s holistic development. In doing so, relocating with your child could be the future you are looking at.