In Nebraska, custody removal cases—where a parent seeks to relocate a child out of state—are among the most complex and emotionally charged matters in family law. Whether you’re considering a move or responding to a co-parent’s request, understanding the legal framework is essential.
The Legal Framework for Child Removal in Nebraska
Under Nebraska law, a custodial parent must obtain court approval before relocating a child out of state, even if the other parent consents. This requirement ensures that the child’s best interests remain the court’s paramount concern. The Nebraska Supreme Court has emphasized that removal cases are particularly challenging, as they often involve balancing the custodial parent’s reasons for relocation against the noncustodial parent’s right to maintain a meaningful relationship with the child.
Criteria for Court Approval
To gain court approval for relocation, the custodial parent must satisfy a two-pronged test:
- Legitimate Reason for Relocation:
The parent must demonstrate a legitimate reason for moving, such as a job opportunity with higher paying wages, educational advancement, or remarriage. - Best Interests of the Child:
The parent must prove that the move is in the child’s best interests. The Court considers many factors including, the potential for improved quality of life, educational opportunities, and the impact on the child’s relationship with the noncustodial parent.
The Legal Process
The process begins with filing a Complaint for Removal with the district court. The noncustodial parent must be served with the complaint and has the opportunity to respond. Both parties may present evidence and testimony at a hearing, after which the court will make a determination based on the criteria outlined above.
UCCJEA Time Requirements
Custody jurisdiction in Nebraska is also governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This act sets forth rules about which state has the authority to decide custody matters:
- “Home State” Rule: Nebraska courts can exercise jurisdiction if the state is the child’s home state, defined as the state where the child has lived with a parent or guardian for at least six consecutive months before the custody proceeding begins.
- If the child is younger than six months, jurisdiction lies where the child has lived since birth.
- If Nebraska is not the child’s home state, courts may defer to the jurisdiction of the home state unless there are emergency circumstances or no other state can assume jurisdiction.
Understanding UCCJEA time requirements is crucial, especially in removal cases involving recent relocations or plans to relocate. Filing too soon after a move may result in the case being dismissed for lack of jurisdiction. Similarly, even if you do not have a formal custody order in place, Nebraska can exercise jurisdiction over your children if they lived in Nebraska for the past six months.
Modification of Custody Orders
If circumstances change significantly after a custody order is in place, either parent may seek a modification. The court requires evidence of a material change in circumstances and that the proposed modification serves the child’s best interests, and then moves on the removal jurisprudence and analysis based upon the best interests of the child.
Importance of Legal Representation
Navigating custody removal cases requires careful legal analysis and strategic planning. Given the complexities involved, consulting with an experienced family law attorney is crucial to protect your rights and advocate effectively for your child’s welfare.
Take Action Today
If you’re facing a custody removal issue in Nebraska, don’t navigate this challenging process alone. Contact Plains Legal Group to discuss your case and explore your legal options. Your child’s future is too important to leave to chance.
