Can I move out of Nebraska with 5 year old daughter if her father already lives in another state?

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I live in Omaha NE and have a 5 year old daughter with full custody of her. My daughter's father's name is on the birth certificate but we have never been married. He does pay child support. He currently lives in his parent's home in Iowa. My husband and I would like to relocate to Tennessee for a better job and cheaper live style. My husband has been the primary provider to me and my daughter for the last 4.5 years and she calls him daddy. My husband and I are now expecting our first child together and he wishes to move closer to his parents and family. Can I leave Nebraska without my daughter's father's consent?

Attorney Answers

2
Vanessa Gorden ·
This depends on whether you have a custody order or just a child support order. If there is no custody or parenting plan in place, you are able to just move. If you have any sort of custody/visitation plan, you will need the father's permission or the court's. You should at least visit with an attorney so you understand your options. Best wishes!
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Brendan Kelly ·
I there is an order you need the father's consent. If no order you can leave and when you have established residency you will want to file to get an order so he will have to come to Tennessee to fight out custody. If he would agree you should hire an attorney in Omaha and it sounds like you can make a great case for the Court granting you permission to leave the state and take you child.
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