Family Law Questions? Ask a Family Lawyer Online.
Good afternoon. The father has visitation? He lives in Nebraska also?
Thank you. In a situation like this, the custodial parent would have no choice but to file a motion with the court, asking permission to relocate out of state, with the child. The father has visitation rights and those can not simply be taken away, so the mother would need to show it is in the best interest of the child. Moreover, something would need to be proposed, to give the father ample time with the child and not limit their time. In this case, it is for work and to better you and the child BUT it would need to be shown that this outweighs the fathers ability to have a relationship with your son. Since he will not agree, a Judge has to order it and the burden would be on you, to show it is in your sons best interest,
Yes, those are all mitigating factors for the Judge to consider. You may want to show he has resorted to violence in the past and the child may be in danger or at risk and that when he has the child, a 3rd party often cares for him.
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