Relocation of Children Post-Divorce. Americans are a mobile people, and moving seems almost commonplace in today’s society. People remarry, economies nosedive, a parent can become ill, a job transfer occurs. Any number of things can bring about relocation. But Texas courts are very strict when it comes to relocating a child after a divorce.
For a noncustodial parent, a relocation may interfere with your ability to maintain a close relationship with your child. Consequences for Both Parents As the custodial parent, you must get court approval before you relocate with your child if there's any sort of travel restriction, whether it's in your custody agreement, your divorce judgment, or state laws.
From your question, I take it that there are no current court orders regarding the child. She should consult with an attorney before the expense and effort of moving. Even if she is not currently restricted to Texas, the husband could immediately go to the courthouse, file a petition, get a hearing, and force her back with the child, for the court to determine conservatorship and restrictions.
When making the decision about whether or not to approve a parent’s request to relocate a child out of state, Texas courts will look carefully at the factors of the situation and make a determination based on what’s in the best interest of the child, in accordance with Texas child custody laws for moving out of state in Family Code Section 153.002.
At Sisemore Law Firm, P.C., we are dedicated to providing experienced legal guidance to our clients during these and other highly contentious family and divorce-related disputes, no matter which side of the dispute they are on. “Move-Aways”: Child Custody And Relocation In Texas.
Relocation Is A Complex Issue. You Need A Lawyer’s Help. Even after your divorce has been finalized, there will inevitably be divorce-related difficulties in your life for years to come. One of these challenges is relocation. When a divorced parent wants to move, a court will examine how the move may affect the child’s best interests.
Benefits of relocation for the minor. If the child has a lot of relatives in the potential new community, is having problems in the existing community, or if there are other positive aspects for relocation, the court considers these points and what's in the child's best interests. Children's opinions on relocation. If your offspring are 14 or.
In Texas, courts may order a modification of custody, child support, relocation based on a “substantial change of circumstances.” Changes to child custody arrangements must also be in the best interests of the child. Too, as children grow, they can have a greater say in their custody arrangements.
Joint physical custody means the children stay at least 111 nights a year in the home of each parent. A parent who wants to relocate with the children must file a Petition to Modify Custody in addition to sending a Notice of Relocation.
Relocation Issues. In some custody disputes, relocation issues may arise. Whether it is the relocation of one parent without the child or a proposed relocation with the child, the issue has become somewhat controversial within the Texas family law court system in recent years.
Laws on Moving Out of Texas During a Divorce How Does Child Custody in Louisiana Convert to Texas Laws? If your marriage is in trouble but you haven’t filed for divorce yet, you may be in a vulnerable position if your wife wants to take your kids and cross the Texas state line.
Whether couples were married before, or if they simply had a child in common, relocation is a common reason that parents file what is referred to as a “motion to modify” with the family court. Texas policy as it refers to child custody cases is to make decisions based on what’s in the best interest of the child.
For example, the child’s physical, psychological, and emotional needs and development, the parents’ abilities to make the child’s welfare their first priority and reach shared decisions that are in the child’s best interests, whether each parent can encourage a positive relationship between the child and the other parent, whether both parents participated before the divorce or custody.
In Texas, a parent’s ability to relocate with a child is often dependent upon the child custody arrangement initially established following his or her divorce. Therefore, it is crucial to understand the basics of child custody in order to fully grasp the intricacies of child relocation.
A Dallas custody relocation modification attorney from the Law Office of Julie Johnson can answer your questions about child custody. Call 214-265-7630.
Child custody relocation isn't uncommon following a divorce or separation. But there are rules parents should keep in mind before moving. Even when you're facing tough economic times and feel you literally have no other choice, be sure to weigh the following considerations before you relocate with your kids.
Proving a relocation case is not easy. The reasons for moving must be compelling and ultimately found to be within the child’s best interest. Our team is prepared to help build a case to present to the judge and your ex-spouse that relocation with the child will be a positive experience for the child.
If you face a child custody relocation issue, call 262-278-0987 to schedule a free 30-minute initial consultation with a lawyer at our Waukesha office. Are You Planning On Relocating? If you are looking to move with your child to another state or 150 miles from the other parent, you must provide formal notice at least 60 days prior to your move.
We can also serve as your voice and advocate in family law proceedings. Our attorneys handle family law cases involving: Divorce related concerns, such as property division and alimony; Child-related issues of conservatorship (child custody and visitation), child support and relocation or modifications post decree; Adoptions; Termination of.