If you plan to move your minor child(ren) from the state of Nebraska after there has been a custody order entered or during a child custody proceeding, you cannot just get up and go. Instead, the court that entered or will enter the custody order for removal must give you explicit permission to move with the child. The court will turn to the pivotal Nebraska Supreme Court case Farnsworth v. Farnsworth for guidance as to whether it will grant or deny the request.
There is a two-prong test the court will undergo. First, the party requesting the move must demonstrate a “legitimate reason” for removal from Nebraska. Second, the moving party must demonstrate that the move is in the best interests of the minor child by looking at nine factors popularly known as the Farnsworth factors, which are as follows:
1. The emotional, physical, and developmental needs of the child
This factor considers the overall well-being of the child, and the proposed living arrangement should adequately meet the child’s needs concerning their emotional stability, physical health, and development.
2. The child’s opinion or preference as to where to live
The child's wishes regarding their living situation are considered, but the weight given to this factor may vary depending on the child's age and maturity.
3. The extent to which the custodial parent’s income or employment will be enhanced
This factor considers whether the move would result in improved financial stability for the custodial parent, which in turn could impact the child's well-being.
4. The degree to which housing or living conditions would be improved
This factor evaluates the quality of the proposed living conditions in comparison to the child’s current situation.
5. The existence of educational advantages
The court will assess whether the proposed move would provide educational opportunities that are superior to those available in the current location, looking at factors such as the quality of schools, access to educational resources, and extracurricular opportunities.
6. The quality of the relationship between the child and each parent
The court will evaluate any potential impact that the proposed move will have on the child’s relationship with both parents, considering factors such as the visitation arrangement, communications between the parties and their child, and the bonds with each parent.
7. The strength of the child’s ties to the present community and extended family there
The court will consider the importance of the child’s connections to their current community and extended family in their current location and what ties the child has with the proposed location including any extended family living there.
8. The likelihood that allowing or denying the move would antagonize hostilities between the two parents
The court will evaluate the potential for increased conflict or hostility between the parents based on the decision to allow or deny the move.
9. The living conditions and employment opportunities for the custodial parent
This factor examines the custodial parent’s living conditions and employment prospects in the proposed location and whether it would improve their overall well-being.
Whether you are seeking to move with your minor child in a dissolution or a modification action, McGill Law is here to help navigate you through these factors that are evaluated in every single removal case, call us today to set up a consultation.