RELOCATION
Move-Aways Under the Texas Family Law
Either parent can file a motion to modify the final 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.
Deciding on relocation using the best interests of the child as a
guideline
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
relocations, contact my Houston law office, Frank E. Mann, Attorney
and Counselor at Law. Call me at (713) 524-6868.
Representing relocating parents as well as parents trying to
stop or delay relocation
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.
Preparing for future relocations during the divorce
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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