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Removal of a Child from Nebraska

When a custodial parent in Nebraska wants to move from the state with their minor child, they must first obtain the court’s permission.

The court considers many factors in determining whether the parent is allowed to move with the child from Nebraska, but generally a removal action involves a two-step process.

Step One: First, the parent who wants to leave Nebraska with the child must prove that he or she has a “legitimate reason for leaving the state.”  For example, in Nebraska, a legitimate reason for leaving the state includes a job-related opportunity in another state that provides for “significant career enrichment.”

Step Two: Next, the parent must then prove that moving out of state is in the child’s best interest.  To determine the best interest of the child, the court will determine whether the move will enhance the quality of life of the child and the relocating parent, whether each parent’s moving for leaving or opposing the removal is legitimate, and what impact the move will have on the non-removing parent’s relationship with the child.

When considering whether the move will enhance the quality of life of the child and the relocating parent, the court will consider various factors, including:

  • The emotional, physical, and developmental needs of the child;
  • The child’s opinion or preference as to where to live (if of appropriate age, maturity, and ability to comprehend and consider the circumstances);
  • Whether the relocating parent’s income or employment will be enhanced;
  • Improvement in the child’s housing or living conditions;
  • Educational advantages;
  • Quality of the relationships between the child and each parent;
  • The child’s ties to both communities, including extended family;
  • Whether the move would antagonize hostilities between the two parents.

Seeking to remove a child from Nebraska or defending against the other parent’s request for removal can be a challenging, complex, and fact specific legal process.  If you are contemplating moving from Nebraska with your child, or you are concerned the other parent of your child may be planning a move out-of-state, contact our office to schedule a consultation with an experienced removal attorney to protect your rights and future well-being of your child.