Removal of Child from Nebraska

March 14, 2025

Understanding Nebraska Law on the Issue of Removal of a Child from the Jurisdiction

In Nebraska, a “removal case” is one where, typically a custodial parent, seeks permission of the Court to leave the State of Nebraska with the minor child (often to the detriment of the other parent and their access to the child). Before a custodial parent can remove a child from the state, permission of the court is requiredThe Nebraska Supreme Court has gone as far as to state that they are the most difficult and troubling cases to decide.

If you are seeking to remove your child from the state of Nebraska, it is highly recommended to seek experienced legal representation for any case in which a parent is seeking to remove a child from the state in a Nebraska paternity, divorce or modification action.


The two-prong test for removal of a child from Nebraska involves two stepsFirst, 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, a legitimate reason for leaving the state includes a job-related opportunity in another state that provides for “significant career enrichment”. Second, 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 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, and whether the move would antagonize hostilities between the two parents.



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