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What does the custodial parent have to do to be able to move out of state with child

Cozad, NE |

I live in Nebraska and would like to move to Texas. We'd be close to family, I have a job set up already. What is the process I need to go thru to be able to move out of state? And can my ex stop me from doing so?

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Attorney answers 2


If your ex does not sign a written consent to the move you need to file a request for permission with the family law court. You will need to show court why it is in children's best interests (not yours) to move away from father. Usually a hard showing to make unless father is a complete louse.

If you try to move without consent of father or court you can be arrested for kidnapping.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.


Generally, the decision to remove a child from the state is frowned upon. The court wants to do what it can to facilitate the non-cusodial parents relationship. That being said, if you have a non-inolved parent, it is much easier to obtain a modification of the order. You should talk to you ex and see if some type of agreement can be reached. If so, then the necessary paperwork can be drafted and submitted to the court.
If the ex objects, then you must have a plan to show how this move is in the best interest of the child. It can consider a multitude of factors that your attorney can help develop for trial.
You should contact an attorney who specializes in family law as soon as possible to develop your approach.