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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 28067
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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I'm a divorced mother who has custody of a 8 year old boy

Customer Question

I'm a divorced mother who has custody of a 8 year old boy was married in the state of Nebraska wanting to move to another state due to a promotion for my work what can I'll do to get my ex husband to allow it
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.

Good afternoon. The father has visitation? He lives in Nebraska also?

Customer: replied 1 year ago.
he does and he lives in Nebraska as well
Expert:  FamilyAnswer replied 1 year ago.

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,

Customer: replied 1 year ago.
My ex husband has been in court for domestic assault in past...and has had to take classes for assaulting me ..will this be brought up in court as to my favor
Customer: replied 1 year ago.
He drives a semi and is not home every night...also when it's his visitation jus mother has our son most of time
Expert:  FamilyAnswer replied 1 year ago.

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.

Expert:  FamilyAnswer replied 1 year ago.

I just wanted to follow up and see if you had any other questions or concerns. I am here to help so please just let me know

Expert:  FamilyAnswer replied 1 year ago.

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