Houston Child Parent Relocation Lawyer
Relocating Out of State and Divorce Modifications
If a custodial parent (Primary Joint Managing or Sole Managing conservator) decides to move out of state, he or she must give the other party notice, as required in the Decree of Divorce or the SAPCR Order. The non-custodial parent (the JMC or Possessory Conservator), if he/she objects to the move, must file a post-divorce modification asking the court to change the terms of their current child custody agreement or Order either as to custody of the child or children or as to possession and access (visitation) and/or the child support portion of the last order on SAPCR. If a custodial parent moves without first giving the required notice in the Decree or SAPCR Order, he or she can be held in contempt, resulting in a number of legal complications, including incarceration or even transfer of the children to the other parent on a timely filed Motion to Modify. At Leonard M. Roth, Attorney at Law, I work closely with custodial and non-custodial parents in post-divorce modifications and parental relocation cases. Together, it is, after all, your case and your child/children, we assemble the documentation that pertains to the issue of what is in the best interest of a child, and address financial, educational, religious, and community concerns that affect a child. If a proposed relocation is approved, the court will require the submission of a new parenting plan to address parenting time and travel/child support concerns. Towards this end, I assist clients in preparing parenting plans that will meet the requirements of the court.
If you are a custodial or non-custodial parent and need legal guidance and representation in regard to a parental relocation, contact post-divorce modification attorney Leonard M. Roth today to schedule an appointment and discuss your case.
Parental Relocations - What the Court will Evaluate
The guiding principle that will determine whether or not the court approves a parental relocation is whether or not it is in the best interest of a child. Here, the court will consider the following kinds of issues:
- The reason for the move
- The age and educational and psychological needs of the child/children
- Proximity of the new location to other family members
- Quality of medical care, if child has medical condition in the new location
- Educational opportunities in the new location
- Presence of houses of worship given child's religious faith in the new location
- Extent to which child's extracurricular activities will be affected in moving to the new location
- Extent to which a child is involved in his or her community in the old location
- Difficulty of managing parenting time for the non-custodial parent traveling to the new location
- Preferences of child with regard to the potential move
- Degree of non-custodial parent's involvement in child's life that will not be in existence in the new location
- Other issues specific to case
By law, a custodial parent is required to tell the non-custodial parent of any planned relocation. Usually, 60 days notice is required, if the custodial parent has that type of notice. Otherwise, it is as fast as reasonably possible, like immediately after the custodial parent gets notice of the transfer to another location. The notification must include the date of move and the address of the new location. Here, it is worth noting that any attempt to relocate simply to get away from one's ex-spouse or the parent of one's children is not likely to be successful. The courts are very adept at recognizing attempts to move in order to prevent one parent from being a part of a child's life And you will be severely, figuratively spanked for making such an attempt, potentially to the extent of being told that you have permission to move, but not with the child or children.
Parenting Time and Parental Relocations
If a parent is allowed to relocate to another state, a new parenting plan must be provided. The plan should take into consideration the need for longer vacations, non-equipment change travel (no change of planes for the child/children, a direct flight), travel expenses, and other issues, though I usually include all of this in the Decrees and SAPCR Orders I draft. This may mean that a child/or children may spend most of his or her summer vacation and holidays with the non-custodial parent. The SPO (Standard Possession Order-a statutory outline of the least amount of time for the non-custodial parent to their child or children) gives the non-custodial parent every Spring Break and 42 days during the summer, if the move is over 100 miles from the non-custodial parent. Much of what is written here is affected by the fact of where the custodial and/or the non-custodial parent lives at the time of the intended move. I can help you review these and other important issues when creating a new parenting plan or evaluating a proposed one.
To schedule an appointment and discuss different issues associated with parental relocations, contact post-divorce modifications attorney Leonard M. Roth today.