Dallas Parental Relocation Attorney
When a marriage ends in divorce, it often marks the beginning of a new chapter, one that may involve relocating to a different
Location. This transition can become complex when children are involved, and custody arrangements must be determined. In Texas, where family law aims to prioritize the child’s best interests and ensure meaningful relationships with both parents, relocation can present legal challenges.
For the custodial parent, relocating can disrupt the child’s relationship with the other parent, potentially impeding the exercise of their parental rights. If the relocation involves a different state, it can further complicate matters due to variations in family law between states and Texas’s family code.
Whether you are a custodial parent considering relocation or a non-custodial parent seeking legal options, our Dallas child and parental relocation lawyers at Burns Iwuji, PLLC are here to assist you. Our experienced legal team can assess your unique situation and guide you through a successful relocation process while protecting the other parent’s access to your child. Additionally, we offer comprehensive legal support to non-custodial parents committed to maintaining a solid and meaningful relationship with their child, even in the face of a custodial parent’s relocation. Your child’s well-being and your parental rights are our top priorities, and we are dedicated to helping you navigate this challenging situation with expertise and care.
Call Burns Iwuji, PLLC today at (469) 213-3316 for your Free Case Evaluation with a Dallas Child and Parental Relocation Lawyer.
Exploring Relocation as a Divorced or Single Parent
In the aftermath of divorce or as a single parent, the decision to relocate with your children can be motivated by various legitimate reasons, including:
- Accepting or seeking employment opportunities.
- Continuing or pursuing higher education.
- Staying close to family and a support network.
- Pursuing a new relationship or entering into a new marriage.
- Enrolling the child in a more suitable school environment.
- Seeking a fresh start, free from past hardships or abusive situations.
While the law generally allows for such relocations, it’s crucial to recognize that they can significantly impact the child’s relationship with their other parent, especially if the non-custodial parent has been granted visitation rights. Balancing these significant life choices with the child’s best interests and maintaining a healthy co-parenting relationship requires careful consideration and often legal guidance.
Reaching an Amicable Agreement for Relocation
In cases where one parent intends to relocate with their children, an amicable agreement between both parents can streamline the process. However, such agreements must be carefully structured to address various critical aspects, which the court will scrutinize. These considerations may encompass travel schedules, child support arrangements, and potential modifications to the visitation agreement. To ensure clarity and legal validity, such agreements must be documented in writing, providing a reference point for both parents should any issues arise with the current arrangement.
At Burns Iwuji, PLLC, our seasoned team assists parents in drafting comprehensive relocation agreements. Our goal is to facilitate a smooth transition for all parties involved. We can also collaborate effectively with the other parent’s legal representative to address any legal complexities during this process, ensuring that your child’s best interests remain at the forefront.
Involvement of the Court in Relocation Matters
When parents cannot reach a mutually agreeable arrangement regarding the relocation of a child, the court may step in to
address the issue. Court intervention may also occur if the non-custodial parent contends that the relocation is intended to hinder or deny their relationship with the child.
While the Texas Family Code doesn’t provide specific statutes governing child relocation, the court considers several factors when making decisions in such cases. Foremost among these factors is the best interests of the child. The court evaluates various elements outlined in the Texas Family Code, including:
- Stability and safety of the new living environment.
- Educational, healthcare, and recreational opportunities in the new location.
- The child’s age and ability to adjust to the new environment.
- The capacity to maintain meaningful relationships with the non-custodial parent.
- The new location’s ability to meet the child’s unique needs and talents.
- The current relationships the child has with their parents.
- The custodial parent’s ability to provide for the child in the new location.
- The potential impact of relocation on cooperation between the parents.
If the child is of an age where they can express their opinion, the court may consider their views.
Should the court determine that the relocation is intended to obstruct the other parent’s rights, they may prevent the move. They may even require the relocating parent to relinquish custody before relocating. Conversely, if the court deems the relocation is in the child’s best interests, it may permit the move without impediments.
Our Dallas, TX, family law firm specializes in helping you comprehend the legal implications of your proposed relocation. If court involvement becomes necessary, we represent your interests effectively. We work diligently to demonstrate that the relocation is advantageous for your child’s well-being and can assist in establishing court-approved visitation schedules for the non-custodial parent.
Custody Orders and Their Impact on Relocation
The court’s approach to relocation matters can be influenced by the type of custody designation, also known as
“conservatorship,” that is ordered for the case.
In a sole managing conservatorship, one parent possesses full legal authority to decide for their child, including determining the child’s residence, without requiring court approval or the other parent’s permission. Nonetheless, it is advisable to inform the other parent before relocating.
Conversely, in a joint managing conservatorship, both parents share legal authority for most matters, even if one parent relocates out of state with the child. This type of conservatorship is commonly implemented in the state to encourage the active involvement of both parents in the child’s life.
In some instances, joint conservatorship may have geographic restrictions, as it entails shared legal custody. When such restrictions are imposed, neither parent can move a significant distance away from the other parent, as it would hinder their access to the child. Typically, the geographic restriction confines the conservator’s residence and the child’s school options to the county where the court order was issued. The travel distance should be reasonable to enable the other parent to maintain regular contact with the child.
Our Dallas child and parental relocation lawyers can comprehensively explain the restrictions outlined in your conservatorship order, which may impact your relocation plans. For non-custodial parents, we can also assist you in seeking legal remedies from the court if the other parent has violated the established geographic restrictions.
Talk to Our Legal Experts Today
As a parent, safeguarding your child’s well-being is of paramount importance. When confronted with the decision to relocate to a new city or town following a separation from the other parent, it is essential to be aware of the legal ramifications, particularly if the other parent seeks to maintain an active role in the child’s life. Relocating can pose challenges for non-custodial parents, potentially impacting their ability to maintain communication and regular contact with their children.
At Burns Iwuji, PLLC, our highly experienced Dallas child and parental relocation lawyers are here to provide guidance and support. We thoroughly assess your unique situation and offer expert advice on the appropriate legal steps to take. You can rely on us for professional assistance at any time. Your child’s well-being remains our top priority.
Call Burns Iwuji, PLLC today at (469) 213-3316 for your Free Case Evaluation with a Dallas Child and Parental Relocation Lawyer.