Sugar Land Parental Relocation Lawyer
Helping You Relocate With Your Child After Divorce All Throughout Southeast Texas
For professional parents who are divorced, child custody agreements can be complex. This is especially true when your career trajectory requires you to move across the state or out of state in order to move forward or to maintain employment.
Sugar Land attorney Michael Tracton has three decades of experience handling Texas divorce, child custody and relocation issues for parents. He works to create modifications that first serve the best interest of the child or children while also meeting the career or life demands of the parent. He offers new clients an initial consultation.
Schedule a free consultation with a skilled Sugar Land parental relocation lawyer. Call (281) 962-7738 or contact us online to get started.
Understanding Parental Relocation Laws in Texas
When a parent wishes to move with their child, the law requires that the custodial parent must first provide written notice to the noncustodial parent. This notice must include the proposed new address, the reasons for the move, and the date of relocation.
It is important to note that while the custodial parent may have the right to move, that right is not absolute. The noncustodial parent has the option to object to the relocation. If the parents cannot reach an agreement, a court may be asked to determine whether the relocation is in the best interests of the child.
Reasons to Ask for a Modification Due to Relocation
The practice of parenting is not a static operation. It is constantly changing, always in flux. Just as a child’s school, friends, interests and size change, so too do their needs and wants. Parents must be flexible and agile in this respect. But a parent may also face life changes.
Many factors can influence where they need or want to live. Some reasons for seeking a modification due to relocation may involve:
- A new job or promotion
- A transfer within the current company
- A marriage
- Better cost of living
- Moving closer to family
- A health issue
- Educational pursuits
Every parenting plan is different. It may also be a fluid agreement that changes with the season or school year. Most plans are made to be modified. Because it is in the child’s best interest to have both parents involved in their life, it is important to find creative solutions that allow for a parent to improve their own life and, tangentially, the life of their child. A major life event can affect both custody and support. Any modifications need to also account for a child with special needs.
In most cases, judges prefer that a child’s life be as undisrupted as possible. But a relocation may also offer the child new and beneficial opportunities, especially if the parenting plan is modified in a way that satisfies the needs of the child and is “doable” for both parents. Changing an existing Texas plan most often requires the guidance and representation of an experienced Texas family law attorney. Attorney Michael Tracton has extensive experience with making plans work.
The Role of the Court in Relocation Cases
In relocation cases, the court plays a central role in determining whether a proposed move should be allowed. The primary consideration for the court is always the best interests of the child.
The Texas Family Code lists several factors that a judge will evaluate when deciding whether to approve or deny a relocation request. These factors include:
- The Reason for the Move: The parent wishing to relocate must show that the move is made for legitimate reasons, such as a job opportunity, a desire to be closer to family, or other personal reasons. If the move is seen as an attempt to hinder the noncustodial parent’s relationship with the child, it may not be approved.
- The Impact on the Child: The court will consider how the move would affect the child’s relationship with both parents. If the move would cause significant disruption in the child’s emotional and psychological well-being or if it would reduce the child’s ability to maintain a relationship with the noncustodial parent, the court may deny the relocation.
- The Parent-Child Relationship: The strength of the existing relationship between the child and both parents will be considered. If the noncustodial parent is an active participant in the child’s life and has a strong bond with the child, this will be a critical factor in the court’s decision.
- The Noncustodial Parent’s Objection: If the noncustodial parent objects to the relocation, the court will consider the reasons for the objection, the impact on the parent-child relationship, and whether the objection is in the best interests of the child.
- The Child’s Preferences: In some cases, the court may consider the child’s preferences, particularly if the child is of an appropriate age and maturity to express their desires regarding the relocation.
A Sugar Land parental relocation lawyer can help parents present these factors in a manner that strengthens their case. Whether you are seeking to relocate with your child or are challenging a proposed move, your attorney will provide valuable guidance and ensure that your case is presented in the best light.
How to Handle Parental Relocation Disputes
Disagreements over parental relocation can often lead to contentious and heated disputes. In some cases, the noncustodial parent may object to the relocation, arguing that it will negatively affect their relationship with the child. In other cases, the custodial parent may be concerned that their ability to move or improve their situation is being unduly restricted.
If you are involved in a parental relocation dispute, it is important to handle the situation thoughtfully and calmly. A Sugar Land parental relocation attorney can help you navigate the legal process and ensure that your rights and your child’s best interests are represented. The attorney can also help facilitate communication between parents and attempt to resolve the issue outside of court, avoiding the expense and stress of a trial.
Potential Outcomes of a Relocation Case
The outcome of a parental relocation case can vary widely depending on the specific facts and circumstances. Some possible outcomes include:
- Relocation Approved: If the court determines that the relocation is in the best interests of the child, the parent may be allowed to move. However, the court may also modify the custody or visitation arrangements to accommodate the new living situation.
- Relocation Denied: If the court finds that the relocation would negatively impact the child’s relationship with the noncustodial parent or is not in the best interests of the child, the request for relocation may be denied.
- Modification of Custody: If relocation is approved, the court may modify custody or visitation arrangements to ensure that both parents remain involved in the child’s life, even if they are living in different locations.
- Mediation or Settlement: In some cases, parents may be able to reach an agreement regarding the relocation and custody arrangements through mediation or negotiation, avoiding the need for a court hearing.
Having a skilled Sugar Land parental relocation lawyer can help you understand the potential outcomes and navigate the complexities of relocation cases. Your lawyer will advocate for your child’s best interests and work to achieve the most favorable resolution possible.
Work With An Accomplished Attorney Who Has Earned His Accolades
Michael Tracton has helped hundreds of clients get to a better place in their lives over the past 40 years. Call for a consultation and find out how he and his staff can help with your Texas relocation issue.
Call (281) 962-7738 to speak with a team member today. You can also reach the firm via the website contact form. We are located in Sugar Land and serve clients throughout southeast Texas.