Child Custody

Issues In The Relocation Of The Custodial Parent

One of the biggest fears for many non-custodial parents in the Fort Worth area is the possibility of the custodial parent moving away and taking the children. There may be several different reasons why this occurs, and it is not typically done as a way to hurt the non-custodial parent, although it may feel that way to the individual.

The custodial parent may move due to work-related requirements, lack of employment options in the current location, or for family or educational reasons. In some situations, the parent may want to move to have the ability to get a fresh start, or even to start a new relationship. Before making any decision to move, it is highly recommended to consult with a child custody attorney, particularly if moving out of the current county or out of the state.

Geographic Limits for Relocation

Most child custody agreement orders in the Fort Worth and throughout the state of Texas provide specific information on the relocation of the custodial parent. This is also included suits affecting the parent child relationship and states the distance the custodial parent can move before the matter has to go before the court.

In most divorce decrees, the geographic limitation includes the current country, contiguous or adjacent counties, as well as staying within a specific school district. There may also be a mileage range provided, and it is typically to maintain the 100-mile designation from the other parent.

However, if both parents agree to the move, a child custody attorney can work with the parents to modify any relevant components of the current order. For example, this may change child support, which parent picks up and drops of the kids, and even the time children spend with the non-custodial parent.

The Court

When parents cannot agree, a child custody attorney will prepare to go before the court to present information on the relocation request or the challenge to the relocation. In these cases, the court will consider all aspects of the modification request, including the best interests of the children, how frequent and continuing contact with both parents can be maintained, and to address any financial concerns that occur with the increased distance between the two parents.

An experienced Fort Worth family law attorney at our firm can help. Contact Orsinger, Nelson, Downing & Anderson, LLP for more information.

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