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Relocation Issues
Child custody and visitation arrangements have a profound impact on the children of divorced or separated parents. In Texas, it is the public policy to assure that children will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child. It is important that the children know they are loved by both parents.
However, in the event that one parent wants to relocate to another city, state, or country, several issues can arise. Sometimes a parent wishes to move because of a new job offer across the country, or another new family beginning. For the parent who does not have the right to establish the child's primary residence under a custody order, the relocation issue is sure to have an impact on the amount of time the parent is able to spend with the children. In these special cases of child relocation, the courts must weigh a number of factors in determining what is in the best interests of the child.
Factors to Consider
If there is a court order in place prohibiting the parent with the right to establish the child's primary residence (i.e., the parent with "primary custody") from moving with the child outside of a specified geographic area, the parent must remain living with the child within the boundaries of the geographic area unless and until both parents agree to waive the restriction or the court modifies the court order by lifting the restriction. In cases such as this, the following are possible factors that may be considered by the court:
The advantages the move proposes to the child's interests
The disadvantages the move proposes to the child's interests
The reason for the relocation
The parent's ability to stick to a new schedule
The child's relationship with both parents
The educational opportunities at both locations
A Lawyer-Client Relationship Based on Trust
When you are facing a relocation, turn to our San Antonio family attorneys. We are familiar with the laws surrounding relocations between divorced parents, as well as unmarried parents who share custody. Call 866-955-2264 today or fill out the contact form on this Web site. Your initial consultation is free.