QUESTION
Can I move out of state with my child if the father is in jail for at least another 3 years?
Asked on May 16th, 2014 on Child Custody - Nebraska
More details to this question:
I have full custody of my child. My ex is in jail for at least the next three years. He has hardly ever seen my daughter. When he had every other weekend visitations, his family would see her instead of him. He also did not see her for the first year of her life because he choose not to believe she was his. We do have a child support agreement but I have not seen any in over a year. I am now unemployed and wanting to move out of state for a new job. Am I allowed to move and what steps would I need to take to do this legally?
1 ANSWER
Removal [from jurisdiction] cases can be very complex. You would definitely want to retain an attorney to help with this process. In order to properly be allowed to move from the state with the minor child, you would need to seek a modification of your Decree. The judge would determine whether removal from the jurisdiction with the minor child is appropriate by considering a number of factors including, but not limited to: the legitimacy of the motives for the move, educational opportunities, the probability of career enhancement, extended family in the new location, the impact the move would have on the relationship between the child and the non-custodial parent, and the overall best interest of the minor child.
Answered on May 21st, 2014 at 2:46 AM