Parents have their own reasons why they might want to relocate with their minor children. When parents are married or in a relationship, this decision is typically made together. However, the prospect of relocation can be far more complicated for divorced or unmarried parents. When these disputes arise, it could benefit you to seek the guidance of a skilled child custody attorney.

If you are considering relocation with your minor child or are facing the threat of the other parent relocating, now is the time to seek legal counsel. Issues involving relocation are often contentious, so it is important to speak with a relocation lawyer in The Colony as soon as possible so your rights are protected.

How Relocation Works When There is a Custody Order in Place

It is one thing for a single parent to relocate when the other parent has not been formally recognized or lacks custody of the child. It gets more complicated when both parents have established custody rights and are involved in the child’s life. In these situations, there are generally two options for relocating. A relocation attorney in The Colony could help with either.

When Parents Agree

The question of relocation is not always hotly contested. In some cases, the reasoning behind a possible relocation might make sense to the other parent, which could lead them to give their blessing. If the noncustodial parent has no objection to relocation, the process is simple. Both parties need only to sign and execute a written agreement authorizing the amendment of the parenting agreement to allow the relocation to take place.

It is important to have this agreement in writing. Even if the other parent initially agrees, the lack of a court order memorializing the agreement could result in serious consequences in the future if that person changes their mind.

When Parents Disagree

In many cases, the noncustodial parent will not agree to the relocation. When this happens, the issues must be resolved in court. Without a court order allowing the relocation, a parent that attempts to leave the state with the child is in violation of the court order and they could face criminal charges.

This process is handled similarly to any custody lawsuit. The parent seeking to relocate must file a petition and serve a copy on the other parent. Both sides will then have a chance to be heard. Ultimately, the court will determine whether or not to grant the request.

Factors in Relocation Cases

There are a number of factors that the judge must take into account when considering a request to relocate with a minor child. Chief among these factors is the best interest of the child. However, the judge will also consider other circumstances when rendering a decision. Some of those factors include:

  • The effect on the child’s relationships with each parent
  • The effect on the child’s relationships with extended family
  • The stated reason for relocating
  • The impact on child development
  • The expressed preference of older children

A parental relocation attorney in The Colony could help articulate those reasons during the hearing.

Contact a Relocation Attorney in The Colony to Protect Your Custody Rights

Relocation can be a difficult topic when small children are involved. To ensure your rights are protected during these important discussions, it is vital that you seek legal counsel right away. Let a relocation lawyer in The Colony help you fight for your rights as a parent. Call today to learn more.

Meet Matt Towson

Our Law Firm’s approach to your case is based on individual circumstances. Whether it is a simple negotiated settlement, or it requires an aggressive approach, we will protect and defend your best interests.

Meet Matt Towson
Meet Matt Towson
Meet Matt Towson