Nebraska's Premier Divorce, Child Custody & Paternity Lawyer
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 required. The Nebraska Supreme Court has gone as far as to state that they are the most difficult and troubling cases to decide.
The two-prong test for removal of a child from Nebraska involves two steps. First, 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.
Stephen D. Stroh is an experienced divorce attorney & child custody lawyer that provides aggressive legal representation in contested custody & divorce cases, and has done so for the past 23 years.
He specializes in high conflict divorce, child custody, modification, removal and paternity cases. Divorce attorney and child custody lawyer. Handling matters in Douglas, Lancaster, Sarpy, Cass, Saunders, Washington, Dodge, Colfax, Platte, Madison, Gage, Otoe & Burt counties.
U.S. Bank Building,
233 South 13th Street,
Suite 1100
Lincoln, NE 68508
Share On: