Divorce is a difficult journey for families, and it becomes even more challenging when one parent wants to relocate with their children after the divorce. Understanding Texas law on post-divorce relocation is essential for parents who are considering moving or are concerned about the other parent’s potential move.
This article will explain the legal aspects of post-divorce relocation, the impact of the Texas Family Code on such cases, and how Turner Monahan PLLC can assist you in navigating these complex issues.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
Understanding Post-Divorce Relocation in Texas
Relocating with children after a divorce is not a simple decision. Texas law requires that parents follow specific legal procedures before they can move with their children. This is to ensure that the best interests of the children are protected and that both parents’ rights are considered.
Legal Requirements for Relocation
In Texas, if you want to relocate with your children after a divorce, you must typically obtain the other parent’s consent or a court order. The Texas Family Code outlines the requirements for modifying a custody order, which includes relocating with children. The court considers several factors before allowing the relocation, including:
- The age and needs of the children (Section 153.134)
- The impact on the children’s relationship with the other parent ( Section 153.001)
- Modification of exclusive right to determine the primary residence of the child (Section 156.102)
- The availability of visitation arrangements that would allow the other parent to maintain a relationship with the children (Section 153.002)
The Role of the Texas Family Code
The Texas Family Code plays a crucial role in post-divorce relocation cases. It provides guidelines and statutes that courts follow to make decisions in the best interests of the children.
- Section 153.001 emphasizes the importance of maintaining a close relationship between the child and both parents. This statute underscores the court’s priority to ensure children have frequent and continuing contact with parents who act in their best interests.
- Section 153.002 states that the best interest of the child shall always be the primary consideration in determining issues of conservatorship and possession of and access to the child.
- Section 153.134 outlines the criteria for determining the best interest of the child, including the child’s physical and emotional needs, the ability of the parents to prioritize the child’s welfare, and the stability of the proposed home environment.
- Section 156.101 allows for the modification of an existing custody order if there has been a material and substantial change in circumstances since the original order, which can include a proposed relocation.
- Section 156.102 requires the parent seeking modification to prove that the move would be in the child’s best interest and that the benefits of the move outweigh any potential disruption to the child’s life.
- Section 156.105 specifies the procedures and requirements for modifying custody orders due to the relocation of a custodial parent. It ensures that the non-custodial parent’s rights are protected and that any modification is made in the best interest of the child.
Steps to Take If You Want to Relocate
If you are considering relocating with your children after a divorce, here are the steps you should follow:
- Review Your Custody Order: Check if there are any geographic restrictions in your custody order. Some orders limit the area where you can live with your children.
- Seek Consent from the Other Parent: If your custody order does not permit relocation, you will need to obtain the other parent’s written consent to move.
- File a Petition to Modify the Custody Order: If the other parent does not consent, you will need to file a petition to modify the custody order with the court.
- Prepare for the Court Hearing: Be ready to present evidence showing that the move is in the best interests of your children. This can include reasons for the move, how it will benefit the children, and proposed visitation arrangements for the other parent.
Impact on Spousal Maintenance and Asset Division
Relocation can also affect other aspects of a divorce, such as spousal maintenance and asset division. For example, if one parent needs to move for a better job opportunity, it might impact the spousal maintenance arrangements. Turner Monahan PLLC can help you understand how these changes might affect your financial situation and guide you through the legal process.
Discuss Your Case With Turner Monahan, PLLC: Your Advocates in Difficult Times
Relocating with children after a divorce is a complex legal process that requires careful consideration and adherence to Texas law. Turner Monahan PLLC has been providing high-quality legal representation in family law matters since 1973. Our experienced attorneys are well-versed in Texas family law and can help you navigate the complexities of post-divorce relocation. Schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
