Are you considering moving from Texas to another state with your children? As exciting as it may sound, the process of relocating can be complicated if you share custody or have a parenting plan in place. That’s where a Tomball family lawyer comes in.
Your child custody lawyer will help you navigate the legal hurdles and protect your parental rights throughout the relocation process. We’ll explore how a family law attorney can assist you when moving out of state with your kids. We will also discuss what to do if your ex-spouse refuses to consent to the move.
Why Do the Courts in Texas Care if You Move Out of State With Your Children?
If you are not in a relationship with your children’s other parent, there’s a good chance you have a custody agreement. In most of the cases our family lawyers handle, there is a court order regarding child custody.
If you intend to leave the state and take your kids with you, the court will have to approve the move. Now, if you don’t have a court order in place, you may think you’re off the hook.
What typically happens is the children’s other parent will hire a family law attorney to fight the move. If this happens, it won’t matter if there’s a court order in place. The judge must review the proposed move and decide if it’s fair to the other parent.
Above all else, the court must ensure that it’s in the best interests of your children. Texas Family Code §153.002 clearly states that this standard applies to all decisions made regarding child custody.
Your Family Law Attorney Will Have to File a Motion with the Court
If you want to move away from Texas to another state with your children, a custody attorney can help. The first thing they’ll have to do is file a petition with the court in the county where the children currently reside.
You will need to demonstrate to the court that the move is in the best interests of the children. Your family lawyer must also show that you have a good reason for moving them.
Once your motion is filed, the other parent will have an opportunity to object to the move. The court will then make a decision based on what is best for the children.
Your Tomball Family Lawyer Can Help File Your Relocation Petition
When you are going through a divorce, or if you have never been married to the other parent of your child, you might need to ask a court for permission to move your children out of state.
This is called a “relocation” case, and it can be very complicated. You will need to prove to the court that the move is in the best interests of your children. The best way to do this is to retain an experienced Tomball family lawyer to handle your case.
Your lawyer will help you gather evidence to show the court why moving is in your children’s best interests. This might include evidence about your new job, housing, and schools in the new location.
Your family law attorney in Tomball will also respond to any objections the other parent or the court might raise regarding the move.
If you reach an agreement with the other parent about relocation, your lawyer can draft an agreement or proposed order outlining the terms of the move. This will then be signed by both parents and submitted to the court.
The Court Will Consider the Rights and Responsibilities of Parents
If you are a parent and you want to move your children out of state, you need to be aware of your rights and responsibilities.
First, you should check with the other parent to see if they’ll agree to the move. If they do not agree, you will need to get a court order.
Second, you should make sure that you have a good reason for moving. The court will look at factors such as:
- Your job
- Your family situation
- Your child’s schooling
- Whether your children have any medical issues
- Your proposed parenting plan
Third, you should be prepared to show that you have a plan for how your child will stay in contact with the other parent or guardian. The court will want to know that your child will still be able to see the other parent or guardian regularly, even if you move away.
You should be prepared to show that you have a place for your child to live and go to school in the new state. The court will not allow you to move unless you can prove that your child will be safe and well-cared for in the new location.
What Does Texas Law Say About Moving Your Children Out of State?
If you are considering moving your children out of state, it is important to know what the law says about this.
Even if you have permission from the other parent, you will still need to follow the rules set forth by the Texas Family Code. These rules include giving notice to the other parent and filing a motion with the court.
They also require that your family law attorney in Tomball offer a proposed custody plan to the court. The judge is going to want to see that the children will not be negatively impacted by the move.
What If Your Spouse Refuses to Consent to the Move?
If you are planning to move out of state with your children, but your spouse does not want to move, you may be wondering what your options are. A child custody lawyer can help you understand your legal rights and options in this situation.
If you have sole physical custody of your children, you generally have the right to move them out of state without your spouse’s consent. However, even if you have sole physical custody, there are some circumstances in which a court may not allow you to move your children out of state.
For example, if the move would significantly interfere with your spouse’s visitation rights or parenting time, the court may not allow it.
If you do not have sole physical custody of your children, you will need to get your spouse’s consent before moving out of state with them.
If your spouse refuses to consent to the move, you can ask a court to order that the move be allowed.
Your Lawyer Is Prepared If Your Ex-Spouse Refuses to Let Your Kids Move Away
If you’re considering moving your children out of state, it’s important to consult with a Tomball family lawyer first.
Your ex-spouse may not be on board with the move and may try to block it. But with the help of an experienced child custody lawyer, you have a better chance of overcoming any obstacles the other parent puts in your place.
Your attorney will also ensure that your children’s best interests are taken into account.
Consult With a Seasoned Family Law Attorney in Tomball
Moving out of state with your children can be a complex legal process, and it is important that you understand the potential consequences. A child custody lawyer can help by advising you on the law and helping to make sure your rights are protected.
Your family law attorney in Tomball will work with your ex’s lawyer to make the necessary paperwork is filed properly and that all aspects of the move are taken care of.
With their expertise, they can provide guidance throughout this potentially stressful process and help you secure a successful outcome for you and your children. Contact our office today and schedule your initial consultation.
