Either parent can file a motion to modify the final divorce decree orders regarding location of the child. This is usually done because he or she obtained a better job, remarried, or became involved in a new relationship. The court decides each motion on a case-by-case basis, using the best interests of the child as guidance.
The court looks for evidence that the children will continue to have ongoing contact with both parents; that the environment for the child will continue to be safe, stable, and nonviolent; and that the parents continue to share, as much as possible, the rights and duties of raising the children of their marriage. For more information about child relocations, contact my Houston law office, Frank E. Mann, Attorney and Counselor at Law.
When a client seeks to relocate with a child, I prepare motions to modify that address the court's concerns about relocation. I also obtain restraining orders for parents seeking to prevent a child's relocation. When the matter is urgent, I can get an immediate restraining order and request an emergency hearing within 30 days.
I advise divorcing clients to try to obtain final child custody orders with no geographical restrictions. This eliminates the need to move for a modification when removing a child from the area. The relocating parent still needs to provide the other with notice of the move. However, there is no need to file a motion for modification of the custody order if there is no geographical restriction in the final orders. Most family court judges impose a residency restriction to the county where the child resides or any other contiguous county. If you are planning to move from the area with your child, it is important to contact a knowledgeable lawyer to learn what your rights and obligations are.
At the Houston law office of Frank E. Mann, I have been helping parents work through the requirements of the Texas Family Code since 1984. Let me put my experience to work for you.
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