Removal/Relocation Cases – When One Parent Has to Move Away
Families continue to change after a divorce or child custody case is final. Parents remarry, have more children or pursue new employment opportunities. These kinds of changes can cause parents to relocate or move away, increasing the separation between parents and children. These types of cases are called “removal” cases. When this happens, you need to contact an experienced family law attorney, like ours at Hightower Reff Law.
If you have to move out of Nebraska or even still within Nebraska, but far from the home you had when your decree was entered, you’ll need changes to your child custody and parenting time agreements. This is true whether relocation happens shortly after a divorce or separation or years later. Whether you are a parent who is moving or your former spouse or partner is talking about relocating, you’ll need to modify your child custody and visitation agreement. This is called a “removal” case.
Work with us at Hightower Reff Law. We handle cases for clients in Nebraska from our office in Omaha. We can help you understand your options and the legal process for modifying your existing divorce decree.
Can the Court Stop Me From Moving?
The court can’t stop you from moving, but – depending upon the circumstances of your case – the court may not grant your request to take your children with you out of state or far from the other parent.
It’s crucial that you approach these issues with a cooperative mindset, even if the case ends up requiring a more aggressive legal action. The best interests of the child are always the determining factor in removal cases. The child must still be able to have a meaningful relationship with the noncustodial parent. The judge will not be in favor of a custody order allowing the child to move with you from the area if your motivation for moving is to simply get away from the other parent or to alienate your child from the other parent.
Questions about Removal/Relocation?
Every case is unique. Hightower Reff Law attorneys will work with you personally to address your family's unique needs and ensure your parental rights are protected. Call us today at 402-932-9550 or visit our contact page to schedule a time to come in and talk to one of our attorneys.
Let's Talk