When One Parent Wants To Move Away
Child Custody And Visitation Modification Issues In Texas
Few post-divorce modifications are as significant as the prospect of a child moving to another state. Emotionally, the noncustodial parent wants the child to stay “close to home.” But, the custodial parent may have a legitimate reason for leaving.
In the end, it all comes down to what is best for the children without placing them in the middle. Your lawyer is your advocate for your parental rights.
At the Law Offices of Linda Risinger, we help our clients through the life-changing process of divorce and its ongoing matters. The move of a child far away is equally difficult and must be accompanied by a good case.
Prudent Resolution Of Parental Relocation Matters
Any decisions involving parental relocation must be made after addressing the concerns of all the parties affected by the move. Before any proceeding begins, the noncustodial parent is entitled to 60 days notice of the planned relocation, if possible. This required step must include the moving date and the new address.
The court considers many factors in a relocation, starting with the reasons behind the move. From there, consideration is given to proximity to family members and the involvement or lack of involvement by the noncustodial parent. The age of the child and his or her preference will also factor into any decision, as will the child’s educational, religious and psychological needs.
The new parenting plan is a vital component in the relocation to another state. Consideration for longer spans of visitation time (summer vacation and holidays), travel costs and other expenses must be taken into account, and a child custody modification will be necessary if the move is allowed by the court.