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Is My Spouse Allowed to Relocate with Our Child?

The prospect of a child relocating with an ex-spouse can be very unsettling for divorced parents who want to remain actively involved in their child’s life. Though it does present great challenges for the non-custodial parent, it is not necessarily unlawful for the custodial parent to move away with their child.

You have a say in where your child lives, even if you’re not the custodial parent. Call (346) 444-1050 today to speak to a Katy family lawyer and let us help.

When Both Parents Consent to Proposed Relocation

If divorced parents agree on the move, there is no issue. On the other hand, if one spouse objects to the proposed relocation, it can create problems.

Regardless of whether or not the non-custodial parent is happy about the prospect of their ex-spouse and child moving away, there are legal provisions that still make it possible. Even if you consent to your ex-spouse’s move, a few things must still be in place in order for their relocation to be legal and fair:

  • Adherence to Distance Restrictions: Sometimes courts will allow or forbid relocation based on how far the custodial parent intends to move. Before making any plans to
  • Express Consent: Sometimes consent to relocation is included in the child custody arrangement issued by the court at the point of divorce. If there is no express consent to relocation in the original child custody orders, most states require the non-custodial parent to consent to the other parent’s relocation with their child in the form of a written agreement.
  • Providing Notice: The spouse who plans to relocate must typically notify their ex-spouse of their intent within 30-90 days. This notice must typically be written. This allows the non-custodial parent to object, petition the court to block the move, and make their case.

Legitimate Reason for Relocation

Another important piece of the puzzle is what is known as “good faith” rationale for moving. The parent who wishes to relocate with the child must demonstrate that there is sufficient reason for disrupting their child’s life and current child custody agreement in order to live somewhere else.

This is good for parents whose relationship remains contentious after divorce, because it means the custodial parent cannot move away just to get back at their ex-spouse.

Courts will likely consider reasons for moving based on desirable benefits of living in the desired location that are not present in a parent’s current locale, such as:

  • New, better-paying job
  • New educational opportunity
  • Familial support
  • Lower cost of living

Family Lawyer Serving Divorced Parents in Katy, TX

Attorney Mark Fischer is well acquainted with the process, implications, and challenges of divorce. He understands how Texas laws work in regards to parenting after divorce and can help you resolve all your child custody challenges. If your spouse is threatening to move away with your child, speak up now and let our team at the Fischer Law Firm, P.C. help you.

Contact us today to receive a free case evaluation.

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