Divorced last year, I received full physical custody. I requested to move...hearing was set BEFORE the 45 day notice...and judge said the kids couldn’t move the school they attended last year. We don’t reside in the state where the custody or divorce was granted last year...help! I have been providing for my children, their father doesn’t fulfill his obligations of child support, medical and only sees them every other weekend. Up until 2 months ago, he was homeless! SD court, but live in NE
When a custody order is entered in a Nebraska court, the custodial parent is generally required to obtain a court order granting permission before they can move the children to another state. If the custodial parent moves out of Nebraska with court permission, Nebraska continues to have jurisdiction to decide the case until the non-custodial parent also moves away. Thus, Nebraska continues to have jurisdiction as long as at least one parent remains in Nebraska. Once no party is living in Nebraska for 6 months, then the State were the children are now residing is the state that gets to decide the custody issues. The Nebraska order could be registered with the Court in the new state at that time for modification or enforcement issues. This is the general procedure in Nebraska. Many, if not most states, also have similar rules and procedures.
If an order was entered in South Dakota, then South Dakota law would apply. You would need to contact an attorney licensed in South Dakota to determine the general procedure. You would need to talk with an attorney about how the law would apply specifically in your case no matter what state your order was entered.
Although I am an attorney practicing law in Nebraska, the answer I provide is for general purposes only and does not establish an attorney-client relationship. If you need legal advice, you should contact an attorney who will discuss with you the specific facts of your case.
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