The Woodlands Parental Relocation Lawyer

Parental Relocation Lawyer In The Woodlands, TX

One of the most common areas of dispute following a divorce is the relocation of a custodial parent. After a divorce or separation case, the custodial parent may decide to move their household for a wide range of reasons, such as seeking new employment opportunities, meeting a new partner, or needing to be closer to their support system. This is a complicated area of law, and you will need the legal assistance of our The Woodlands parental relocation lawyer team.

At the Walke-Wilson Firm, our team of dedicated family lawyers has been serving clients in The Woodlands and the surrounding areas for over three decades. We are passionate about helping families through a variety of disputes and understand that there can be many areas of contention during a divorce process and even following. The courts will base their custody determination on what they believe to be in the best interest of the child, and this includes any relocation.

No matter your reasoning for relocation, a family court will need to either allow or not allow the move. So, no matter what side you are on, whether you are the parent hoping to relocate or the party opposing the relocation, it is vital that you have an experienced family law attorney on your side who can help you argue your case on the relocation issue. Trust the team at the Walke-Wilson Firm to review all the details of your case and seek the most favorable outcome.

Determining if a Parent Can Relocate With a Child

In Texas, a final divorce decree can include certain restrictions that can keep a custodial parent from moving past a specific geographical location. The judge may decide that a parent cannot move outside of the county in which they currently reside, two adjacent counties, or the state for the sake of their child. When determining if these geographical restrictions are correct for a case, the judge will consider the child’s ties to their current community and access to education.

As a custodial parent, you will need to request a modification to any geographical restrictions placed upon you in an original order if you desire to relocate. You have the ability to try and work with your co-parent to find common ground in a new parenting plan outside of the courts and have the new plan entered by a family court judge, or you can seek a modification request directly from the courts.

As the custodial parent seeking the move, you will need to prove that this relocation is in the best interest of the child. As the noncustodial parent, you will need to prove that your co-parent’s desires to move are not sincere and actually work against the best interest of the child.

Factors Considered in Relocation Cases

When determining their decision on any relocation requested by a custodial parent, the judge will take several factors into account. These factors can include:

• The reasoning behind the custodial parent’s desire to move.
• The reasoning behind the noncustodial parent’s opposition to the relocation.
• The impact the move will have on the child’s life and their future contact with their other parent.
• Whether the child agrees with or is against the move and their reasoning.
• The ability of the noncustodial parent to still have possession and access to the child despite the custodial parent’s relocation.
• If the relocation benefits the child in an emotional, social, or economical way.
• Whether the relocation allows the child to grow closer to other members of their family, such as their grandparents.
• Whether the move will allow the child better access to education.
• Whether the move will allow the custodial parent to obtain an education or a higher-paying job.

If a family court judge allows the request for relocation to be granted, they will need to modify the existing parenting plan to make sure the concerns of the noncustodial parent are adequately addressed. The judge can also issue modifications to help cover any increased costs the noncustodial parent may sustain in order to seek parenting time with their child under the new relocation circumstances.

Benefits of Parental Relocation

There are actually several benefits to parental relocation. As the noncustodial parent, you may, understandably, be in opposition to a relocation. However, keep in mind that there is always common ground to find if you look for it. This can help a relocation case take less time and be less costly for all parties involved and ultimately ensure that the relocation is to the child’s benefit first and foremost. The most common benefits of parental relocation are:

• Better quality of life for the child. A relocation can actually lead to large improvements in the life of a child. It may allow a custodial parent to have better employment opportunities, family support, or educational resources, which can all work in the child’s favor. Relocations can also provide better schools and safer neighborhoods for your child, reduce financial stress, and allow a more stable home life for the child.
• Co-parenting improvement. In some cases, relocation of a custodial parent may actually improve the relationship between the co-parents as it will force them to develop better communication strategies and rely on detailed planning to maintain stability in their child’s life. Technology like video calls and online calendars can help parents stay in contact with their child and ensure their involvement in their child’s life.
• New opportunities. The relocation of a custodial parent can offer a plethora of new opportunities for the child. It can expose them to new cultures and environments and broaden their worldview while also enhancing their skills at adapting and preparing them for the world beyond childhood.

Speak With a Family Lawyer Serving The Woodlands and the Surrounding Areas Today

When facing the complexities of a parental relocation case, there can be a lot at stake, and you should not leave these issues up to chance. Instead, turn to the qualified team at the Walke-Wilson Firm to guide you through every step of the process, whether you are the custodial or noncustodial parent. We are here to help you find common ground that is in the best interests of your child above all else. Contact our offices today to schedule an initial consultation.