Moving children out of state

My fiance's 3 children live with him and have ever since his ex-wife chose to have an affair and move out before the divorce. Now he wants to move himself and his children out of the state he lives in to be with me. If his ex-wife abandoned the children by moving out of his home and leaving the children with him, is it possible for him to move without her consent? She is already going to be paying him child support. He lives in Nebraska. Please help us out by giving us the correct answer.
Thanks

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Ramc9092:
[b]My fiance's 3 children live with him and have ever since his ex-wife chose to have an affair and move out before the divorce. Now he wants to move himself and his children out of the state he lives in to be with me. If his ex-wife abandoned the children by moving out of his home and leaving the children with him, is it possible for him to move without her consent? She is already going to be paying him child support. He lives in Nebraska. Please help us out by giving us the correct answer.
Thanks
[/b]<HR></BLOCKQUOTE>

My response:

Are they divorced? In the process? Is there a child support order in place? The State that has jurisdiction of the children is Nebraska, not Louisiana. He'll have to check the laws in Nebraska; but most States, like California, allow a parent to move where ever they choose. All that need be done is give Notice to the non-custodial parent - - e.g., minimum 30 days Notice, so that the Non-custodial parent may "object" to such move, and have the issue decided by the court. Nebraska may not be so liberal, and require an immediate court hearing and specific reasons for such a move BEFORE children are removed from the jurisdiction, and whether the same would be in the best interests of the children - - i.e., would the move be beneficial because a better job and income awaits the custodial parent? Such would be beneficial to, and perhaps, in the better interests of the children. But, I can tell you one thing: Such an order will be hard to come by if the move is merely wanted so he can shack up with someone. Remember, the non-custodial parent has many rights also that need to be addressed and determined vis-a-vis the children's relationship, and many other considerations. And courts are very protective of, and jeolously guard, their jurisdiction over children. Also, if there is a settlement agreement with a custody provision, there may be something there concerning "move away rights." Also, have him see an attorney for specific laws that may govern.

IAAL

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[This message has been edited by I AM ALWAYS LIABLE (edited June 12, 2000).]