Simply deciding to “move with my child” after divorcing is not recommended. Deciding to move has to be within the bounds of the custody agreement of your divorce decree. After a divorce, parents find new opportunities, some of which may require relocation.
For example, a new job may be a necessity and may include having to relocate. Others may just want to make a “fresh start” and move away from the former spouse. Whatever the reason, you must take care to consider the terms of your divorce. Consulting with your divorce attorney is a good start.
Moving with your child depends on your court order for child conservatorship, aka, “custody” order. The parent with physical custody may not be able to simply move away, if it interferes with the non custodial parent’s ability to abide by the agreed upon visitation plan. Conversely the parent who does not have physical custody does have an obligation to visit and see their child as agreed upon.
Texas prefers that children continue to have strong relationships with both parents. Before you think about moving, you will need to consider how the Court will update the order of conservatorship. Actions like moving when you have a child together has implications.
The Conservatorship Order
When considering relocation, consult your court order first. Does it specify whether a parent is or is not allowed to move? In most cases, it does. Often it will specify how far a parent can move with a child.
Joint versus Sole conservatorship: If one parent was awarded sole conservatorship (custody), generally they can move without the other parent’s permission. Even with sole custody, visitation for the other parent may have been granted and accommodations need to be made. Check your court order to make sure or consult with a lawyer like top rated divorce lawyer Wendy L Hart.
Parents with joint conservatorship interested in moving is more complicated. Many conservatorship orders have terms for the child’s primary residence to keep parents near their children. This is not to say it cannot happen, but when it does, adjustments need to be made to reflect the new situation.
Parents with joint conservatorship must obtain permission from the other parent before relocating, especially if they think they are taking the children with them. It is best to consult with a lawyer when you want or need to move to ensure how you can move and what the adjustments will be.
Court Action
One parent can file a motion to block the other parent from moving until there is a hearing. Or if a parent moves with their child without court permission, a parent can file an action to have the child be given to them for physical custody and the other parent will need to set up visitation and pay child support.
Parents who agree on a move can request approval from the court with a modification of their conservatorship. The details of new modification can be worked out between the parents (and their lawyers or a mediator) and must be presented along with the request for modification.
It is best to have a divorce lawyer help with any court actions.
Unmarried Parents
An unmarried mother has sole custody of her children unless the father has been legally established . She can move anywhere with her children without notifying the supposed father. Only after the biological father has legally established himself will he have the right to file for custody or visitation. If a mother moves, the purported father can then file an action to establish paternity.
Mansfield-Fort Worth Child Custody Attorney Wendy L. Hart
As a Mansfield-Fort Worth Child Custody Attorney, Attorney Hart knows firsthand that for parents who have a divorce proceeding, or unmarried parents splitting up, the issue of child custody is often at the forefront of their concerns. Knowing who will receive custody and visitation rights, and the details regarding those rights, are often at the core of most child custody cases. But agreements can be adjusted for all kinds of reasons including job opportunities or moving away. They must be done legally though. If your current co-parenting arrangement needs to be updated, speak with attorney Wendy Hart. She can help you sort out the situation.
Wendy L. Hart is an experienced family law attorney serving people throughout Tarrant County, Johnson County, and Ellis County with divorce, paternity, and child custody issues. We represent both men and women in family law matters. Use our online contact form to tell us briefly about your situation, or call us at (817) 842-2336, for a consultation.