When it comes to child custody, few issues can spark conflict like a parent wishing to move with their children. Divorce decrees and agreed parenting plans typically provide a geographical area in which a parent can freely relocate without the need for approval from the court or the other parent. However, moving outside of this agreed-upon area could lead to conflict and the to retain a seasoned family law attorney.
Whether you are considering a moving or object to your children being taken away from you, a Missouri City relocation lawyer from Angela Faye Brown & Associates could help. You have rights as a parent, and our legal team could protect those rights as well as your relationship with your children.
To formally request to relocate a child, the custodial parent must send a Notice of Intent to Relocate. This notice informs the other parent of the impending move and must be sent at least 60 days prior to the move date. If the other parent objects, a hearing must occur. Moving a child without permission or following the necessary process could result in contempt charges. At the hearing, the court considers an array of factors. Ultimately, it is up to the judge to determine if relocation is reasonable or if it is not in the best interest of the child. A Missouri City attorney could help make a case for or against relocation at these hearings.
Ultimately, the judge in the case makes the final decision on relocation if the two parents cannot come to an agreement. Like with any child custody matter, the court will make this decision based on what is in the child’s best interests. Still, there are countless other factors that can shape the court’s decision.
One of the primary considerations the court may make is how a move could impact a child’s quality of life. If the move is related to a work opportunity for the parent, the potential for an increased income could make a case for a move being in the child’s best interests. Alternatively, moving away from most of the child’s family could be a drawback. Other considerations include the parent’s willingness to allow longer visitation or accept more of the costs of transporting the child to and from visits.
Importantly, the court may also consider whether a request to relocate is made primarily to limit the other parent’s access to a child. This type of retribution is not a valid ground for relocation, and the court will likely not consent to a move if they believe the request is primarily made out of spite. A lawyer in Missouri City could help show the court that a parent’s motives for relocating their child are genuinely in their best interests.
No matter if you are intending to relocate your children or want to prevent the other parent from doing so, it is vital that you abide by the terms of the parenting plan or court order until any changes are official. Failing to do so could not only result in contempt charges, but it could also hurt your case for relocation.
A Missouri City relocation lawyer could help you show the court that your proposal is truly in the best interest of your child. To discuss your options further, schedule an initial consultation today.