Custody if the other parent lives in another state?

Question

I live in NE and the father lives in MO. He wants joint custody but I don't want him to be able to take my child through Iowa down to MO every other weekend or whatever the case may be. My friends have told me that in NE, you cannot give joint custody to a parent who lives outside of the state because they cannot legally take the child across state lines, at least not without the other parents permission. I was just wondering if there is any truth to this or if anyone else has been in a similar situation.

Answer 1

Yes this is true in most states. I live in FL and my parents were divorced in MI and it is true in both those states joint custody does not have to be physical it can be just parental which means that he has the right to access school and medical records you have to consalt him before making major decisions about the childs heath and well being. But does not mean that he can take him every other weekend if he lives in a different state. I would recomend that you file for the divorce or custody papers in your state that gives the court in your state the right to make the decisions on what is the best for the child. Now he will be given the right to the child in the summer and during holiday breaks and there is nothing you can do about that.

Answer 2

Complicated situation here. Its not that you cant have joint custody in two states, its the crossing state line for visits thats the problem. Permission must be needed to it but permission can come from either the other parent or the courts themselves. The biggest problem would be that if while visiting in another state , that parent sddenly and for no good reason decides not to return the child and has actual permission, the custodian parent could have a very long legal battle getting the child back as with permission,this wouldnt be considered parental kidnapping across state lines. A better way woukld be to allow a single longer visit like in summer or holidays rather than every other weekend. You would need to run this plan by the courts for approval but you can state this other weekend out of state is ruining the childs family continuity and school life. The longer visitation period would have solid dates on it signed by both and can be used against him if he fails to return the child on the return due date. Hope this makes sense. Happy Holidays

Answer 3

Yes this is true in most states. I live in FL and my parents were divorced in MI and it is true in both those states joint custody does not have to be physical it can be just parental which means that he has the right to access school and medical records you have to consalt him before making major decisions about the childs heath and well being. But does not mean that he can take him every other weekend if he lives in a different state. I would recomend that you file for the divorce or custody papers in your state that gives the court in your state the right to make the decisions on what is the best for the child. Now he will be given the right to the child in the summer and during holiday breaks and there is nothing you can do about that.