Relocating Out Of State And Divorce Modifications

At Leonard M. Roth, Attorney at Law, I work closely with custodial and non-custodial parents in post-divorce modifications and parental relocation cases. We assemble the documentation that pertains to the issue of what is in the best interest of a child, and we address financial, educational, religious and community concerns that affect a child. If proposed relocation is approved, the court will require the submission of a new parenting plan to address parenting time, travel and child support concerns. To 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 seeking information about relocating with a child, contact Houston attorney Leonard M. Roth today to schedule an appointment.

Parental Relocations: What The Court Will Evaluate

The guiding principle that will determine whether the court approves a parental relocation is whether the move is in the best interest of a child. The court will consider the following:

  • The reason for the move
  • The age of the child
  • The educational, religious and psychological needs of the child
  • The proximity of the new location to other family members
  • The quality of medical care if the child has medical condition in the new location
  • The extent to which child's extracurricular activities will be affected
  • The extent to which a child is involved in his or her community in the old location
  • The degree of the non-custodial parent's involvement in the child's life
  • The difficulty of managing parenting time for the non-custodial parent
  • The preferences of child

The custodial parent is required to tell the non-custodial parent of any planned relocation. Usually, 60 days' notice is required. 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.

Formulating A New Parenting Plan

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. This may mean that a child may spend most of his or her summer vacation and holidays with the non-custodial parent.

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 lawyer Leonard M. Roth today.