When parents get divorced, courts will determine which parent is the custodial parent (the one who primarily lives with and raises the child) and the non-custodial parent, who will typically see the child on weekends or otherwise for a lower percentage of time than the custodial parent. That said, if you’re a custodial parent and are looking to leave the state with your child, you can only do so with either your ex’s permission or permission from the courts. Read on and reach out to a The Woodlands relocation lawyer from the Bolton Law Firm to learn more.
What should I do if I want to leave the state with my child but my ex doesn’t approve?
To start, custodial parents should know that if they’re looking to relocate with their child within the area specified in the court order, usually within the county, they won’t have to seek permission from their ex or the courts to do so. That said, if you’re looking to move out of the area or anywhere not deemed permissible in your current order, you should first speak with your ex and request permission to do so. If they deny the move, you should hire a The Woodlands family law attorney who can help you obtain a new court order that makes the move permissible.
Will the court allow me to move away with my child?
When determining whether a custodial parent can relocate with their child, courts in Texas will consider various factors, but their primary concern will be the child’s best interests. If they believe the move will work in the child’s best interests, they should grant it. They will consider the following factors, among others, to determine this:
- The bond the child has with both parents
- How the move would impact the bond the child has with the non-custodial parent
- Whether the move would benefit the child economically, socially, educationally, or emotionally.
- Why you’re requesting the move and why the other parent opposes the move
- If the child is old or mature enough, whether he or she has a preference regarding the move
These are just some of the factors courts will consider when deciding on a move-away case, and ultimately, they will consider any additional factor they deem relevant. This is why if you’re looking to leave the state with your child, you’d be best served with an experienced and skilled family lawyer who can work to prove that the move would be in your child’s best interests.
Contact Our The Woodlands, Texas Firm
If you are looking for an expert Montgomery County divorce lawyer, Bolton Law is the right law firm for you. Bolton Law’s legal team handles all family law matters, including divorce, child custody, child support, spousal maintenance, and much more. Contact Bolton Law today to schedule your initial consultation.