Nebraska Court of Appeals Denies Mother Her Application to Remove Her Child from Nebraska to Texas. BY: Trisha P.

Link for opinion: http://scholar.google.com/scholar_case?case=11275397260239338236&q=recent+Nebraska+child+visitation

Title: Nebraska Court of Appeals Denies Mother Her Application to Remove Her Child from Nebraska to Texas

The Court of Appeals of Nebraska held in Elton v. Elton, No. A-12-180 (Neb. Ct. App. Oct. 23, 2012) that the mother failed to demonstrate that it would be in the best interests of the minor child to be removed from Nebraska to Texas and that she failed to demonstrate that she was entitled to a modification of child support.

Sarah Elton, the mother of the minor child, was awarded primary physical custody in the joint custody arrangement after dissolution of marriage to Michael Elton on March 30, 2010. Michael Elton, the father had a parenting time schedule to see the minor child.

On June 20, 2011, Sarah filed an application to relocate and remove the minor child to Texas. Her reasons included: that she wanted to be closer to extended family, that she could earn a potentially higher salary, and the climate would be beneficial to some health issues that she was experiencing. Michael filed an objection and said there was a need for discovery before the hearing could be held. On January 31, 2012, the district court entered an order denying her request for removal. Sarah appealed to the Nebraska Court of Appeals.

The court looks at many different aspects in considering a parent’s request to remove a minor child out of state. First, the parent must satisfy the court that they have a legitimate reason for leaving the state. Second, the parent requesting the move has the burden to prove that it is in the child’s best interests to continue living with him or her.

The court then examines these other issues: the best interests of the child, each parent’s motives, the quality of life for the child and the custodial parent, the child’s emotional, physical, and developmental needs, the minor child’s preference is some situations, the enhancement of income or employment, the housing conditions, educational advantages, the quality of the child’s relationship with each parent, the child’s ties to community and extended family, any hostilities between the parents,  and the move would impact the non-custodial parent’s relationship or contact with the child.

Sarah satisfied the court that she had a legitimate reason for wanting to relocate but failed to demonstrate that it was in the best interests of the child to be removed to Texas. She additionally failed to show cause that she was entitled to a modification of child support.