If you are planning a move as a divorced parent with children, you may need a court order that allows the relocation and specifies the terms of custody. Divorce decrees often include a domicile restriction that governs where the primary custodial parent must reside. Yet, life brings us to new places, which can complicate your custody agreement.
If you are in this situation, you have the right to petition the court for a child custody modification before you relocate. Similarly, if your ex is relocating and wants to bring your children, you can petition the court to intervene. Whatever the case, the Texas child custody lawyers with The Aberdeen Law Firm are here to help. We can submit your petition to the court and negotiate a new custody arrangement.
Can I Relocate With My Child Without Telling My Ex-Spouse?
Your options for relocation as a divorced parent will often depend on various factors, such as the type of conservatorship. A conservatorship refers to the custodial relationship you share with the child, usually decreed by the court.
In general, the courts will grant one parent sole managing conservatorship of the child or grant both parents joint managing conservatorship. The difference can come into play when one parent plans to relocate with the child.
If You Have Sole Custody of Your Child
Generally, a divorced parent with sole custody of the child can make the decision to relocate. However, if you have sole custody, you should always check your specific court orders to determine if there is a restriction on how far you can move.
You must also consider how the move will affect your ex-spouse’s visitation rights and notify them of the intended move. If you wish to modify a custody agreement, our lawyers can help.
If You Have Joint Custody of Your Child
Even when divorced parents share joint custody of their children, the court order will usually name one of the parents as the custodial parent. If you are the custodial parent, meaning the parent the child primarily lives with, you will still have to tell your ex-spouse about any plans to relocate. You must seek this parent’s consent for the move.
There may also be a standing child custody agreement that limits you to a certain area, and even moving a few counties away may be considered a breach.
If this is the case, you will have to petition the court to modify the custody agreement. In some cases, ex-spouses are able to agree to relocation and the various ways it affects a child custody agreement. Still, it’s important to protect your parental rights by creating a written agreement that specifies how the relocation will be handled in regard to child custody.
Consequences a Divorced Parent May Face When Relocating Their Child Against Court Orders
If a divorced parent attempts to relocate their child without a court order, the other parent may petition the court to issue a restraining order against it. If you violate this restraining order, you could face parental abduction charges under Texas Penal Code § 25.03.
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What the Court Will Consider When One Parent Petitions for Relocation
The court will continue to act in the best interests of the child, so it will examine a divorced parent’s motivation for moving. It may look favorably on a decision to advance your career or place your child in a better school district. This is because a career opportunity will likely mean a better financial future for your child, and a better school district will set your child up for a brighter future.
A case where the court would not look favorably on the move is when one parent aims to alienate the other from their child.
The court will also consider how this move will affect the other parent’s ability to visit their child and partake in their upbringing. You may have to assume some of the travel expenses your ex-spouse will require for maintaining visitation rights; however, if they have a history of absences when it comes to the visitation of the child, the court will take this into consideration.
Our Texas Child Custody Lawyers Can Help With Other Legal Issues
Aside from helping with a relocation case, our law firm can help with other legal matters involving child custody. We can fight for your parental rights to different forms of custodianship.
We help a variety of parents in this situation, including divorced parents, legally separated parents, and parents who were never married. Each case can bring its own challenges, but our legal team is ready to help you face them.
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Our Texas Child Custody Team Offers Client-Focused Legal Services
At The Aberdeen Law Firm, we understand that child custody cases of any kind can be heart-wrenching. No area of law is quite as emotionally-fueled as family law, and we want to help navigate you through the legal process with the compassion and dedication you deserve.
At our firm, we never apply a cookie-cutter approach to a child custody case. Instead, we customize our legal services to meet your unique needs. We also make it a priority to make ourselves available to answer any questions that you may have along the way. We will also reach out to you with regular updates on your case.
The sooner you connect with us, the sooner we can begin building your case, and you can go back to focusing on being a good parent to your child.
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Call The Aberdeen Law Firm for Help With a Texas Relocation for Divorced Parents Case
Nothing is more important than your parental rights and the best interest of your child. Whether you are a divorced parent looking to relocate or a divorced parent who is worried about how your ex’s relocation will affect your parental rights, give us a call. We can explain the legal process in more detail and tell you how our child custody lawyers can help you.
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