Child Custody & Parents Moving Out of State
- Is your ex-spouse planning to move out-of-state with your child?
- Do you want to move and take your child with you?
There are two main reasons that people make mistakes when filing for divorce on their own: the stress of the divorce makes it difficult to think clearly, and the legal system is complicated. If a party simply forgets to address an issue such as credit card or medical debt or if he or she overestimates or underestimates the value of an asset, he or she may inadvertently make a serious error in a divorce proceeding. Such mistakes can prove to be costly or may require additional legal proceedings to correct. A divorce lawyer in Houston can provide both parties with the reassurance that the case is being properly handled and avoid expensive inaccuracies.
Are You Moving? Is Your Ex-Spouse Moving?
Besides being a heavy emotional situation, there are a number of legal aspects to child relocation. It is important to consult an experienced attorney who understands the delicate situation at hand. Whether you are a custodial parent wanting to move with your child, or a non-custodial parent concerned about preserving your parental rights, our attorneys can help.
Do not move out-of-state with your child without notifying the courts. This is a risky legal situation for both you and your child.
What the Courts Consider
In any child custody or relocation case, the courts consider what will be in the child’s best interest. They must consider the move and the impact it will have on the child. They also consider the following factors:
- Has there been a significant change in circumstances warranting a move?
- Is the move motivated by the desire to separate the child from the non-custodial parent?
- Will the move positively affect the child?
- How will child visitation be affected?
Child Relocation and Parental Move-aways
In today’s society, people are occasionally required to relocate for various reasons: employment, education, remarriage, proximity to specialized medical care or military service.
If the person moving is a divorced or single parent, the relocation can become an issue requiring approval by the family court in Houston. This is not easy. At Houston Divorce Counsel, we can help you understand your rights and obligations, whether you wish to relocate and modify your parenting plan or you are contesting the move.
Whether seeking or contesting a relocation, fast action is usually necessary. Call our office in Houston today to schedule a consultation.
Relocating a Texas child in a divorce
Texas family courts consider relocation as a substantial change to allow the modification of a parenting plan when it will significantly impair either parent’s parenting time.
If you intend to move, you must give the child’s other parent a minimum of 60 days advance notice, or the most notice practicable under the circumstances. We can help you understand your options if you wish to serve notice or you have received notice.
When modifying a plan, courts will try maintain the same proportion of parenting time. If it is impractical to maintain the same proportion of custodial responsibility, however, the court shall modify the parenting plan according to the following principles:
- A parent who has been exercising a significant majority of the custodial responsibility shall be permitted to relocate with the child so long as that parent shows that the relocation is in good faith for a legitimate purpose and to a reasonable location.
- If either parent has been exercising extended (30 percent or more) parenting time with the child, the court shall consider if the relocation of the parent is in good faith for a legitimate purpose and to a reasonable location and is in the best interest of the child.