Relatively even co-parenting arrangements have become quite common. When parents separate or divorce, they have the same rights and protections under the law. They can either work out an arrangement through mutual cooperation or may litigate if they cannot agree on terms for sharing custody.
Once there is an order in place, both parents have an obligation to uphold it to the best of their ability. Generally, parents have to respect the schedule for custody exchanges and communicate with one another about major parenting decisions.
The choices made by one parent who shares custody could theoretically affect the rights of the other. If they hope to leave Nebraska to continue their education, accept a new job or pursue a different relationship, can they take their children with them when they move?
Relocations require prior authorization
Any significant move, including a move outside of the state, requires a modification of the existing custody order. The parents may be able to cooperate when setting terms for a custody modification.
They can drastically rework the schedule for sharing time with one another. Redistributing parenting time during school breaks, including winter and summer vacations from school, could keep the arrangements as fair as possible given the shift and circumstances.
If parents cannot reach an agreement about how to reallocate parenting time, then the matter may need to go in front of a judge. Contested relocation cases require thorough review. A judge must determine whether the move is actually in the best interests of the children.
Each parent has an opportunity to share their perspective on the matter with the courts. They can ask a judge to allow them to move or try to show that the move is likely to reduce the children’s standard of living and contact with their social support network. Factors including the reason for the move and the current status of the children’s relationships with each of their parents can influence what a judge ultimately determines is appropriate.
Parents hoping to relocate when they share custody usually need to communicate effectively with their co-parent and develop their case appropriately if they must go to family court. Having appropriate support when addressing potentially contentious custody matters may make it easier for parents to work together for the benefit of their shared children.
