Relocating with a child can be challenging when parents live apart. It is generally necessary to hire an experienced attorney to move through the process as smoothly as possible. Reaching a decision that is best for all parties can take time. The more you know about Texas relocation laws and the more you work with the other parent and your attorney, the easier a potential change may be.
A parent relocating with a child
There can be many reasons for a parent to want to relocate and take the child with him or her. Perhaps the parent has received a job offer elsewhere, wants to move closer to family for extra help and support, or has met someone new who doesn't live in the area. In Texas, parents are awarded a joint managing conservatorship, which is basically joint legal custody of the child. A parent who cannot show a reasonable, compelling reason to move out of state with a child generally will not be allowed to do so, because it interferes with the relationship the child has with the other parent.
A parent moving away without the child
Sometimes a parent wishes to move away without the child, or a parent is willing to leave the child with the other parent because of circumstances that would make the child's relocation difficult. In these cases, the court can help with an order that will change who has custody. That may also change visitation schedules and affect which parent pays child support and how much. Because of all the legal modifications that may need to be made in this type of situation, it is critical to work with an attorney who is familiar with child custody cases, relocation requests and how Texas law applies to these situations.
A parent fighting a relocation request
A parent does not have to agree to the other parent's request to relocate with a child. Parents in this situation can file an application for a temporary restraining order, which will prevent the other parent and the child from moving away until a court hearing takes place. The parent who wants to move away with the child will have to show why it would be in the best interest of the child to make the move.
Make sure you get the right help
Hiring an attorney with experience is important. It can affect the outcome of your situation and provide peace of mind, helping you feel confident you are doing the right thing for your family. Our attorneys at Sutton Millam & Fanning welcome your call and are ready to assist you.