Q: If a child has lived in the same state for 3 years and out of state parent wants primary, how likely is that to happen?
Our son has lived with me in one state for 3 years and my ex lives out of state. He is now asking for primary custody and wants to move son out of state. Son is doing incredible well here and always lived with me. What are the chances a judge would change to allow exp primary? These is no reason that I would be considered an unfit parent.
A: The person seeking to modify custody and remove a child from a custodial parent in Nebraska typically has a difficult road. They have to prove that (1) there has been a material and substantial change in circumstances since the initial custody order was entered, such as unfitness by the custodial parent, and (2) the best interests of the child require a change in custody. For removing from the state, case law factors known as the Farnsworth factors also apply. These basically require the parent requesting removal to show how the move itself would better the child's quality of life in various areas like housing, education, family connections, etc. If the child is doing well in current environment, it is very difficult to argue there has been a material change or best interests require a change in custody. However, these cases are very fact specific so it would be important for you to meet for a consultation/case evaluation with an experienced custody attorney to discuss (confidentially) your specific facts and child. Best wishes!
The parent would have to prove that there is a material change in circumstances and that it is in the minor child's best interests to change custody. Generally, if a child is doing incredibly well, then the parent asking to change custody to move out-of-state may have an uphill battle to change custody. The judges seen a lot of children in custody cases that really aren't doing great. If a child is doing well, the judge may be hesitant to change things if the current custody arrangement is working well for the child.
You would need to speak with your attorney about the specifics of your case to see what the odds are in your specific situation. For example, if the child is 17 years old and is doing well, the Court might give a lot of weight to the child's preference. If the child wants to move to the other state with the other parent, the Court might grant the request due to the child's maturity and if there are sound reasonings for the decision.
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