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FamilyAnswer, Lawyer
Category: Family Law
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Experience:  9 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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I live in Nebraska. I have full physical and legal custody

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I live in Nebraska. I have full physical and legal custody of my child. His father has visitation rights. Can I move out of state without legal problems if his father contests it?
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. Can you please clarify if the father is contesting/objecting to it or if he will allow it? Thank you.
Customer: replied 3 years ago.
He doesn't know yet that I plan to move. I'm sure he will object
Customer: replied 3 years ago.

are you still there?

Yes, sorry for the delay. If you want to relocated out of the State, you do need the courts permission. Even though your have full physical and legally custody, the father does have visitation and your can not take that away from him. It would certainly cause problems if you were to just relocate without his permission or order of the court and you need to go through the process. The Judge is going to decide this based upon the best interest of the child and how the relocation with benefit him/her. You will need to show the Judge that it is best to leave with the child, rather then reside in the State. The father can certainly object and be heard and the Judge will have the final say. The clerk of court in the county where you reside should have the forms for you to fill out and file to start the process. In an ideal situation the father would not object and would allow you to move but if this has been be agreed to or even mentioned, you do need to go through the court process.

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