QUESTION
What can I do if my daughter wants to live with me instead of my ex?
Asked on Nov 17th, 2014 on Child Custody - Nebraska
More details to this question:
My 15 year old daughter wants to move in with me. My ex and I have been divorced for 2 years and have lived apart for 3 years. My ex has custody of her. How do I go about getting custody of my daughter from her?
2 ANSWERS
4 Awards
You would file a modification of custody, support and parenting time. To obtain a modification, the moving party must prove (1) a material change in circumstances and (2) the child's best interests. Because of your daughter's age, if she has sound reasons for wanting to live with one parent over the other, the court will generally take her wishes into account. You and the other parent will each need to comply with the Nebraska Parenting Act (taking the co-parenting class and also mediation if you cannot come up with a parenting plan on your own). You should at least visit with an attorney about the specific facts, strengths & weaknesses of your case and to get an understanding of the process and your options. Best wishes.
Answered on Nov 18th, 2014 at 3:37 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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You can discuss the situation with your former spouse and see if you can come to an agreement. If you can, it would then simply be a matter of having an order entered by the court reflecting the change in custody, possession, child support, etc. If you and your former spouse cannot come to an agreement, you would have to file an Application to Modify asking the court to make the changes you are requesting.
Answered on Nov 18th, 2014 at 2:28 PM