Sugar Land Child and Parental Relocation Attorney
When a marriage ends in divorce, it is not uncommon for both parties to seek a fresh start in a new location. If there are children involved and custody is granted, the children may also relocate with one of the parents. However, relocating after a divorce can present legal challenges, particularly in the state of Texas.
In Texas, the courts strive to create orders that consider the best interests of the child and facilitate meaningful time with both parents. However, if the custodial parent decides to relocate, it can disrupt the child’s relationship with the other parent, as the exercise of parental rights may be impeded. Furthermore, if the relocation involves a different state, additional complications may arise due to variations in family law between states and Texas’ Family Code.
Whether you are considering relocating with your child or seeking legal options as a non-custodial parent, our Sugar Land child and parental relocation lawyers at Davis and Associates are available to assist. Our experienced lawyers can assess your situation and guide you through a successful relocation while safeguarding the other party’s access to your child. Additionally, we can provide legal support to non-custodial parents who seek to maintain a strong relationship with their child, even in the event of a relocation by the custodial parent.
Call Davis and Associates today at (281) 377-4718 for your Consultation with a Sugar Land Child and Parental Relocation Lawyer.
Reasons for Relocation
A divorced or single parent may choose to relocate with their children to a different county or state for various legitimate reasons, including:
- Accepted or seeking employment
- Continuing or pursuing education
- Staying close to family and friends
- Pursuing a new relationship or remarrying
- Enrolling the child in a better school
- Starting a new life free from abuse and hardship
While relocating for these reasons is not prohibited by law, it can impact the child’s relationship with their other parent, particularly if the other parent has been granted visitation rights.
Agreement With the Other Party
Parents can come to an agreement if one parent wishes to relocate with their children. However, the agreement must address various issues with the court, including travel schedules, child support, and potential modifications to the visitation agreement. It is essential that the agreement be documented in writing to provide both parents with a reference in case any issues arise with the current arrangement.
At Davis and Associates, we can assist you in drafting a comprehensive agreement that covers all necessary details, ensuring a smooth relocation process for the other party. Our experienced team can also work in collaboration with the other parent’s lawyer to effectively address any legal matters that may arise.
Court Involvement
If the parents are unable to reach an agreement on a suitable setup, the court may become involved in the case. The court may also intervene if the non-custodial parent alleges that the relocation is being done to deny or hinder their relationship with the child.
While the Texas Family Code does not have specific statutes governing child relocation, certain factors are considered by the court when deciding on such matters.
The best interests of the child take precedence in the court’s decision-making process, and they consider the following factors, as outlined in the Texas Family Code:
- Stability and safety of the new living environment
- Opportunities for education, health, and leisure in the new location
- Age of the child
- Ability to maintain meaningful relationships with the non-custodial parent
- Ability of the child to adjust to the new environment
- Ability of the new location to meet the child’s special needs and talents
- Current relationship of the child with their parents
- Ability of the custodial parent to provide for the child in the new location
- Effects of relocation on parental cooperation between the parents
If the child is older and capable of expressing their opinion, the court may give them an opportunity to share their views on the matter.
If the court determines that the relocation is being done to deny or hinder the other parent’s rights, they may prohibit the parent from relocating with the child. The relocating parent may also be required to relinquish custody of the child to the other parent before being allowed to move. However, if the court finds that the relocation is in the best interests of the child, they may permit the relocation without any issues.
Our Sugar Land, TX family law firm can assist you in understanding the legal implications of your relocation and represent your interests in court if necessary. We can work to demonstrate that the move will be beneficial for your child’s well-being, and help establish visitation schedules for the other parent as determined by the court.
Custody Orders and Relocation
The court’s actions regarding relocation issues may also be determined by the type of custody designation or “conservatorship” ordered by the court for the case.
In a sole managing conservatorship, one parent holds all the legal authority to make decisions for their child, including determining the child’s residence without the need for court approval or permission from the other parent. However, it is advisable to notify the other parent before relocating.
On the other hand, in a joint managing conservatorship, both parents share legal authority for most matters, even if one parent moves out of state with the child. This is a common conservatorship arrangement in the state, as it promotes both parents’ active involvement in the child’s life.
In some cases, joint conservatorship may come with geographic restrictions, as it involves shared legal custody. When such restrictions are imposed, neither parent can move a significant distance away from the other parent, as it would impact their access to the child. Typically, the geographic restriction limits the residence of the conservator and the child’s school options to the county where the court order was issued, and the travel distance should be reasonable for the other parent to maintain regular contact with the child.
Our Sugar Land child and parental relocation lawyers can provide detailed explanations regarding the restrictions outlined in your conservatorship order, which may affect your relocation plans. If you are a non-custodial parent, we can also assist you in seeking recourse from the court if the other parent has violated the geographic restrictions.
Talk to Our Legal Experts Today
As a parent, it is important to always prioritize the best interests of your child. When facing the decision of relocating to a new hometown after separating from the other parent, it is crucial to consider the legal implications, particularly if the other parent wishes to remain actively involved in the child’s life. Relocating can present challenges for non-custodial parents, potentially hindering their ability to maintain communication and regular contact with their child.
At Davis and Associates, our skilled Sugar Land child and parental relocation lawyers are available to assist. We can thoroughly assess your situation and provide guidance on appropriate legal actions to take. Feel free to reach out to us at any time for professional assistance.
Call Davis and Associates today at (281) 377-4718 for your Consultation with a Sugar Land Child and Parental Relocation Lawyer.