Child Custody Relocation in Nebraska: The Farnsworth Test

Moving after divorce is common — a job offer in another state, a new relationship, returning to family. But when you have a custody order in Nebraska, you can't just relocate with your child. Any move that disrupts the existing parenting plan requires either the other parent's written consent or a court order.

Nebraska applies one of the more rigorous relocation standards in the country, built on the landmark Farnsworth v. Farnsworth decision.

What Triggers the Relocation Rules

Two types of moves activate Nebraska's relocation framework:

1. Any out-of-state move with the child, regardless of distance
2. An in-state move of 60 miles or more that disrupts the current parenting schedule

Moves under 60 miles within Nebraska are generally handled differently — courts evaluate them under a standard material change of circumstances analysis rather than the full Farnsworth test. But if even a short in-state move makes the existing parenting plan unworkable (different school district, impossible commute for exchanges), the court may still treat it as a material change requiring modification.

The Farnsworth Two-Step Test

Named after Farnsworth v. Farnsworth, 257 Neb. 242 (1999), the legal standard requires the relocating parent to prove two things:

Step 1: Legitimate Reason for the Move

The parent proposing the relocation must show a valid, bona fide reason for leaving. Courts have accepted:

• A concrete job opportunity that provides significant career advancement or income improvement
• Educational opportunities (acceptance into a program not available locally)
• Military orders
• Returning to a family support network (particularly for single parents who need childcare help)

Courts have rejected:

• Moving to follow a new romantic partner without additional justification
• Vague claims about "a fresh start" or "better opportunities"
• Wanting to live somewhere warmer

The reason has to be specific and verifiable. "I got a job offer paying $20,000 more per year in Denver" is a legitimate reason. "I think I can find better opportunities elsewhere" typically isn't.

Step 2: The Child's Best Interests

Even with a legitimate reason, the relocating parent must prove the move is genuinely in the child's best interests. Courts evaluate three primary considerations:

1. Each parent's motives — Is the moving parent trying to improve the family's situation, or trying to limit the other parent's access? Is the opposing parent genuinely concerned about the child, or trying to control the ex?

2. Quality of life enhancement — Does the move offer concrete improvements for the child (better school district, proximity to extended family, safer neighborhood, increased financial stability)?

3. Feasibility of maintaining the relationship — Can the child maintain a meaningful relationship with the non-relocating parent through a modified, realistic visitation schedule? Courts look at flight availability, travel costs, the child's age (long-distance schedules are harder on young children), and technology options for regular contact.

The Process

1. Notify the other parent in writing about the proposed move. Nebraska doesn't specify a required notice period by statute, but providing 60–90 days' notice is standard practice. Your existing parenting plan may include its own notification requirements.

2. Attempt agreement. If the other parent consents in writing, you can file a joint stipulation with the court for a modified parenting plan.

3. File a motion to relocate if the other parent objects. This goes to the District Court that issued the original custody order.

4. Court hearing. You present evidence on both prongs of the Farnsworth test. The other parent presents their case for why the move isn't in the child's best interests. The judge decides.

What Happens If You Move Without Permission

Relocating without the other parent's consent or a court order is one of the most damaging things you can do in a Nebraska custody case. Courts treat unauthorized relocation as:

• Contempt of court — violation of the existing parenting plan, which can result in fines, sanctions, or modification of custody
• A negative factor in the best interests analysis — judges view unilateral relocation as evidence that the moving parent doesn't prioritize the child's relationship with the other parent
• Grounds for an emergency custody order — the left-behind parent can file an emergency motion to return the child

In extreme cases, an unauthorized out-of-state move can trigger the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), creating jurisdictional complications that make everything slower and more expensive.

Proposing a Modified Schedule

If the court approves the relocation, you'll need a new parenting plan that works with the increased distance. Common long-distance arrangements include:

• Primary residence with the relocating parent during the school year
• Extended blocks with the non-relocating parent during summer (6–8 weeks), alternating spring and winter breaks
• Regular video calls (2–3 times per week)
• Travel cost sharing (often 50/50, sometimes adjusted based on income or who initiated the move)

The Nebraska Child Custody & Parenting Plan Guide includes relocation assessment worksheets and modified long-distance schedule templates for parents navigating a move.

See more Nebraska guides →