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Jack R.
Jack R., Family Law Attorney
Category: Family Law
Satisfied Customers: 6147
Experience:  OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
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I divorced my daughter father several years ago and our current

Resolved Question:

I divorced my daughter father several years ago and our current custody agreement does not allow me to move out of Williamson Cnty and the surrounding counties. I have stayed in Williamson County to ensure my daughter can have a relationship with her father. I am not from Texas and have been trying to get back home to be near my family since before I married her father. I have stayed to the agreement between us but over the last 4-5 years he has been sick and has not been able to have his daughter as much. Over the last 2 years he has had his daughter less and less. In the past two weeks he saw her for 3 days no more than 6 hours in total. I am finding it difficult to understand that if he is not going to be able to spend the time with his daughter, then why I would not be able to move back home. I am very aware that in Texas they want what is best for the child...would I even have a chance to get permission to move if her dad is not able to keep her the majority of the time?
Submitted: 4 years ago.
Category: Family Law
Expert:  Jack R. replied 4 years ago.

It is possible to get around the restriction. You can petition the court to allow relocation of the child. Ajudge wilkl decide based on the current situation. The decision will have more to do with your reasons for moving rather than the father's visitation schedule. You will need to show that the move is in the best interest of the child, You will need to re-establish a visitation schedule that makes sense and is agreeable to the court.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Customer: replied 4 years ago.

Thank you for the reply. I am aware of the above...I guess I am trying to find out is what do the court's consider "in the best interest of the child"? My family lives in another state and his family lives here. Would me wanting to move closer to my family to have a larger support system be in the best interest of the child? I am thinking the answer is no, since his family lives here. What all would I need to take to court in this situation, would they consider the amount of time he is not spending with her in this case? She does not spend much time with his family. She is one of many grandchildren on his side and she is the only grandchild on my side. Should I even consider taking this to the courts or am I wasting my time?

Expert:  Jack R. replied 4 years ago.

You can get permission to relocate with the child. Texas does allow relocation but you have to argue for it.

 

The primary guidelines in determining all relocation cases are the best interest of the child and the existence of a positive improvement for the child taking into consideration the following factors:

* Reasons for and against the move, i.e. does the parent have a vindictive motive such as parental alienation from the other parent, or a good faith motive such as a career opportunity.
* The effect of relocation on the extended family relationships and community ties.
* The effect on visitation and communication with the other parent, i.e. can the other parent maintain a full and continuous relationship with the child.
* Comparison of economic, education, emotional and leisure opportunities for both child and the moving parent.
* The nature of the child's existing contact with both parents.
* Whether the special needs or talents of the child can be accommodated.
* Whether the nonmoving parent has the ability to relocate.

Factors to argue for relocation

* The other parent's lack of interest in the child.
* Prior connections with the new location, including family, friends, previous residence.
* Alternative visitation schedule possibly increasing contact between the child and the nonmoving parent.
* The benefits to the child, including educational and emotional benefits.
* Your ability to pay the added travel expenses and accompany the child on flights. * Reasons for the move.
* Lastly, it is always important for the client to acknowledge the importance of the relationship between the child and the nonmoving parent as well as their intent to continue to foster that relationship.

Factors to prevent the relocation

The quality of your relationship with the child, including involvement in school and extracurricular activities.

* The detrimental impact on the parent-child relationship.
* Lack of the moving parent's and child's contacts with the new location.
* The reason's for the move, including any vindictive motive of the other parent or the other parent's lack of efforts to find work in the area where the parents already reside since most moves are job-related.
* The stress of the move and fear of travel on the child.
* Lastly, one of the most effective strategies is to show that the other's parent is placing his/her personal desires above that of the parent-child relationship.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Jack R., Family Law Attorney
Category: Family Law
Satisfied Customers: 6147
Experience: OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
Jack R. and 13 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.
Thank you for the above information, it was very helpful. I appreciate you taking the time to respond to my additional questions. I hope you have a great night.

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