Child Custody and Relocation
When a divorce is finalized, some matters are settled that will not require adjustment later on. This is not the case, however, with child custody and visitation. Not only do the needs of children change as they grow older, one parent may decide to relocate. If either you or your former spouse wishes to move to another jurisdiction or state it is important to work with a Bryan Texas child custody attorney.
Issues That Should Be Considered in Moving Children
Relocation of children generally means that the non-custodial parent will have significantly less visitation. Not only may this violate the custody order, but it can have a deleterious effect on the children. A Bryan Texas child custody attorney will work with you on the former issue, but before the custodial parent relocates the following should be taken into consideration:
- Distance of the move
- Effect of changing schools and environment on the children
- Effect on the children of not seeing the non-custodial parent regularly
- The motives behind the move
- How the relationship between both the custodial parent and non-custodial parent will be affected. For instance, a child may resent the custodial parent for the move.
Should the children be relocated to another state, there is a strong likelihood that ultimately jurisdiction will transfer as well. Your Bryan Texas child custody attorney can assist with exploring this potentially very complex matter with you, but Texas' Uniform Child Custody Jurisdiction and Enforcement Act establishes the provisions governing relocation of children.
As your Bryan Texas child custody attorney will tell you, just because a child is moved out of state does not mean necessarily that the new state's family courts will have jurisdiction. The original state retains jurisdiction, with a few exceptions:
- The court in the new state decides that the children no longer have a strong connection to the original state where the divorce and custodial arrangements were decreed.
- If at some point neither parent lives in the original state any longer.
UCCJEA requires that a parent who plans to move the children out of state provides the non-custodial parent with 60 days' notice.
Call a Bryan Texas child custody attorney for Assistance