A parent with primary custody may wish to relocate to another part of Texas or out of state. But the courts frown on simply moving away without notice. The parent must petition the court and demonstrate a legitimate reason for a parent relocation.
The Arlington law firm of J.D. Milks, PLLC, represents either parent in these contentious cases. Our family law attorneys have the legal knowledge and courtroom skills to help you argue for or against a parent relocation. If the relocation is not contested, we can help clients work out practical matters such as a new visitation schedule and travel arrangements.
Our child custody lawyers serve Arlington, Mansfield, Grand Prairie, and the Mid-Cities area, practicing in the family courts of Tarrant, Dallas and Johnson counties.
Experienced Advocacy For Parent Move-Away Cases In Texas
The presumption under Texas law is that the child should have equal access to both parents. The parent who is moving away has the burden of overcoming this presumption. The courts may grant relocation if the parent has a job lined up or if the child would be well-served, such as better schools or a family support network. Relocation may be denied if the parent is moving for spiteful or selfish reasons, or if the child’s opportunities or quality of life would suffer. The court will consider the original custody order, the noncustodial parent’s involvement with the child and other factors.
If the other parent is commencing to take your kids without permission, we may be able to get a court injunction. If the other parent has already relocated out of state without court permission, we can explore your legal remedies, including contempt of court proceedings and custody modification. These are complicated cases, but there are Texas laws and interstate compacts in your favor and we will aggressively assert your parental rights.
Parent Relocation And Equal Access To The Child
If relocation is granted, it will be necessary to rework the parenting plan. The noncustodial parent is still entitled to regular visitation and daily or specified communication with the child. The parent who is left behind will often get additional time with the child on holidays and summer vacation, and the court may reduce child support or order the custodial parent to cover travel costs.