Richardson Custody Rights Lawyer
Divorce is a challenging time for parents and their children. One of the most difficult challenges that can result after a divorce is when a custodial parent wishes to move to a new location. The noncustodial parent may feel cheated, as his or her visitation rights may be significantly impaired. The custodial parent may feel that a move is necessary to accept a new job, move closer to family, or pursue other critical interests.
If you are a custodial parent seeking to relocate or a noncustodial parent who is opposing a relocation, it is important that you speak with an experienced family law attorney. For help in the Richardson-Plano area and the surrounding communities, I encourage you to contact the Law Offices of Sharon Merrick. At my office, I represent mothers and fathers who are involved in relocation disputes. I can review the facts of your case and help you determine your best course of action.
Texas Relocation Laws
It is the public policy of the state of Texas to assure that children have frequent and continuing contact with their parents after a divorce (Texas Family Code Chapter 153). While there are exceptions to this general policy (e.g., domestic violence or abuse), Texas laws strongly support the right of mothers and fathers to maintain a close relationship with their children after a divorce.
In light of Texas' public policy, parents with primary custody of minor children may face geographical restrictions that limit their right to move without prior court approval. If you are a parent who wishes to move to a new location with minor children, it is critical that you speak with an attorney. Moving to a new location without court approval could have serious repercussions, including a possible loss of your custody rights.
If you are a parent seeking to oppose a relocation by your spouse, the attorney you choose is important. The law concerning parental relocation does not create a bright-line test; ultimately the test is whether or not the move is in the best interests of your children. Since the best interests test is subjective in nature, it is critical that you have a skilled litigator who will make a compelling argument on your behalf and aggressively defend your rights. Since I practice exclusively in family law cases, I understand how to carefully craft arguments that favor my clients.
Basis for Relocation
There are a variety of reasons for which a relocation request may be granted, including:
- The move is necessary to obtain new employment that will garner increased wages that will benefit a minor child.
- The move will improve the child's educational opportunities.
- The move is necessary to live closer to an extended family, which will benefit the minor child.
There are a variety of reasons for which a relocation request may be denied, including:
- A relocation is sought with a vindictive motive.
- A relocation would make it impossible for a noncustodial parent to have regular or meaningful visitation with his or her children.
- The move will upset a child's education.
As your attorney, I will take time to listen to you, understand your family dynamics and advocate passionately on your behalf. I care about my clients and work diligently to protect their rights.
Free Attorney Consultation
If you need to speak with a Texas parental relocation lawyer, I offer a free consultation. For assistance, call 972-591-2323 or contact me by e-mail.