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Assisting with Complex Child Relocation Disputes in Texas
Most divorced parents in Texas share the rights and responsibilities related to making important decisions in their children’s lives and spending time with their children. This is generally known as joint or shared custody. While children often live primarily with one parent and have a regular visitation schedule with the other, a parent who shares custody generally cannot make the decision to relocate with their children unilaterally. In fact, whoever plans on relocating with the children needs the other parent to agree or needs a court order to do so. If you have relocation concerns, an experienced Fort Worth family law attorney can help.
Many divorced parents in Texas share custody, which means that both parents share parental rights and responsibilities – even if the amount of time they spend with their children is not divided equally. Whether the divorced parents agree to a parenting plan or the court creates one for them, the plan will often contain a residency component that typically determines the county (and contingent counties) within which the children must primarily reside.
Even if your child custody arrangements do not specifically restrict where your children’s residence must be, however, you are required to inform their other parent if you plan on relocating with them. If the other parent does not approve of your plans, he or she can file an application for a temporary restraining order that prevents you from moving until a relocation hearing can be held.
Your Relocation Hearing
At your relocation hearing, you will be required to demonstrate a compelling reason for moving your children farther away from their other parent. Such reasons can include:
- Moving for a better job (if you can’t find a comparable position locally)
- Moving closer to family members who will help provide childcare and/or other support
- Moving to provide your children with greater opportunities (to a different school district that can provide them with better education, for example)
If the court believes that a parent’s motivation is to deprive the other parent of time with his or her children, it will not allow the relocation. Texas courts presume that it is in nearly all children’s best interests to spend a considerable amount of time with both of their parents. When relocation does not benefit the children more than it interferes with their relationship with their other parent, the court might not approve the move. You need a skilled custody attorney standing up for your side of the case.
If You Have Child Relocation Concerns, Consult with an Experienced Fort Worth Family Law Attorney Today
You naturally want to provide your children with every possible opportunity, and whether that means relocating with them or opposing your ex’s decision to relocate with them, it’s an important issue. If you are facing child relocation concerns, the dedicated family law attorneys at The Law Office of J. Kevin Clark are here to answer your questions and to help guide your case toward its most positive resolution. We’re committed to helping you, so please don’t hesitate to contact us online or call us at (817) 241-3328 for more information today.
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Serving clients in Ft. Worth, throughout Tarrant County, and greater Texas.
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Skilled representation across a wide spectrum of divorce and family law matters.
Voted as a "Top Attorney" in Ft Worth Tx: The City's Magazine - by his peers.
Certified in Civil Trial Law by the Texas Board of Legal Specialization since 1987.