Whether you need to relocate yourself or are concerned because your child’s other parent needs to relocate, talking with a child custody attorney in Sugar Land, TX is the best way to get some peace of mind about your next steps and understand what the courts are likely to do in your unique situation. That said, the following should give you some idea of how Texas courts handle relocation in child custody cases.
How Do Sugar Land, TX Courts Handle Relocation in Custody Cases?
When the Custodial Parent Wants to Move
If the parent who wants to move has primary custody, then the law requires the court to apply the same standard here as in all issues of custody: the best interests of the child. This means the court will want to look at all the factors involved in this move to decide what’s best for the child. That will include how the move affects the relationships that the child has with friends and family, whether it will change the quality of education that the child currently enjoys, and how it may affect standard of living.
If moving allows a parent to get a better job, this might improve the child’s standard of living as well as their educational and healthcare opportunities, and the court will consider these positive factors, even if there will be an effect on relationship relationships. That said, relationships are deeply important, and even if there are other factors that make the move a good one for the parent’s career, that does not automatically make it best for the child. The court will be very concerned that the child still be able to have a good relationship with the other parent. This means it’s critical for the custodial parent to work with a lawyer and come up with a plan that prioritizes the well-being of the child and present this well to the court.
When There’s Joint Custody
If parents have joint custody, and one parent wants to move away, there are certain requirements under Texas law that the moving parent will have to meet. A parent always has the right to move—the courts cannot restrict a free person’s movements—but that does not translate into the automatic right to take the child. A parent can only move with the child if that move:
- Is considered to be in the best interest of the child
- Will not interfere with either the duties or the rights of the other parent in the child’s life.
When Relocation Is Denied
In certain circumstances, it’s common for judges to deny relocation requests. Again, a parent does not need permission to move themselves. The judge only has the power to forbid a parent to move with the child, and the judge will look at a wide variety of factors to make the decision. These will include:
- The impact it’s likely to have on the child generally
- The impact it will have on the child and the other parent
- How much the current visitation schedule will have to be adjusted
- Precisely how far the parent is moving
- Why the parent is moving
- What best promotes the well-being of the child
- How the move will change the child’s educational situation
- Whether the move will make it impossible to keep up other important family relationships (such as with grandparents).
Based on these criteria, you can see that if the judge believes this move will have a negative impact on the child’s relationship with the parent who is not moving, it’s likely to be denied. If the current visitation schedule has to be changed, and the parents can agree on this change, and it does not significantly alter the amount of time either parent spends with a child, this would not be a big issue. But if the parents can’t agree or if the amount of time is substantially changed, the judge may deny the request. If a parent wants to move too far away or is moving for reasons that don’t seem to be essential, it’s likely that the motion will be denied.
How Child Support May Be Affected
Every case is unique, so it’s impossible to say definitively how your child support issues may be changed. However, a move may very well have a big impact on child support payments. For example, if the parent with primary custody chooses to move away with the child, the other parent may be able to successfully request a reduction in child support payments so as to have more money for travel to see their child.
If the parent is moving to get a better job, this can also affect child support payments. The court aims to even out the burden of caring for and raising the child between the two parents and allow the child to have essentially the same standard of living no matter which parent they are with at the moment. If one parent sees a substantial increase in their income, it’s likely that the other parent’s child support payments would be reduced in consequence.
Why a Child Custody Attorney Is Important
These cases are always difficult. There are complicated legalities involved, and any custody case tends to be emotionally charged. Even if you believe strongly that the move is in the best interest of your child, it is not automatic that the court will agree with you. You need to present thorough evidence of why the change you’re requesting is necessary and exactly how it is in your child’s best interest. This means not just finding the evidence but compiling it together clearly and then presenting it in a way that makes a solid argument for your case. A lawyer will know exactly what evidence you need and how to put it together. An attorney with experience in child custody also knows how to present this evidence in a way that courts find compelling.
More than that, an attorney brings extensive knowledge of the law and of our local courts to your case, and that knowledge and experience can make all the difference. If you’re fighting a relocation order, an attorney is just as important, and especially if the other parent has an attorney of their own. Your attorney will be able to review the evidence the other side is bringing, bring counterevidence and counterarguments on your behalf, and help you show the court why a move is not in your child’s best interest. Beyond all this, working with a lawyer can provide some emotional relief and peace of mind. An attorney can help you negotiate with the other parent in a less adversarial way and manage deadlines, paperwork, and other bureaucratic red tape.
