Relocation in Texas
Relocation is often a contested issue in a divorce, but the issue arises more commonly in modification actions where one parent seeks to move away with the children. Relocation has continued to be a hot topic for several years, but decisions from Texas appeals' courts did not have much to offer until the past decade, with one significant decision from the Texas Supreme Court, among others from various Texas courts of appeals. The attitudes toward modifying residence restrictions vary greatly among the courts, among practicing attorneys, and among experts.
What is Considered for Relocation
Texas law does not have any specific requirements or standards for, or any legal presumptions applicable to, a residential restriction or modifying same. However, each individual case shall be evaluated by the Court on its own merits with the best interest of the child being its primary consideration. With this in mind, a Texas Court may also consider the following factors in a request for relocation:
· Each parent's good faith in requesting, or opposing, relocation
· The child's age
· The nature of the child's current relationship with each parent
· The possibility of a visitation schedule allowing the continuation of a regular and meaningful relationship between the parent not in primary custody and the child
· Community ties
· The current financial and educational needs, along with the general well-being, of the child
· The possible degree of economic, education, emotional, and wellness enhancement for the child and the custodial parent
· The effect of relocation regarding extended family relationships
In the Best Interest of Your Child
If both parents are willing, a properly written agreed order may be drafted and presented to the Court. But, if you are unable to reach such an agreement, and you believe that it is in your child's best interest to be relocated, you will need the experience of a family law attorney who has been involved in such contested cases to protect your rights and the child's rights.
Our firm has served the Dallas area for over 40 years, and attorney Jerry W. Melton is Board Certified in Family Law by the Texas Board of Legal Specialization. We have the resources to answer all of your questions concerning relocation and the qualifications to present a strong case for you. Please fill out our form online or call 972-980-8000 today to schedule a free consultation.