After a divorce, you may be looking for your fresh start. This fresh start may involve a move to be closer to family or perhaps for a new job. If you have children with your former spouse, however, moving may be more difficult than just packing up and heading out. Here, we will discuss relocation after a divorce and the difficulties you may face in this process.
Relocation after Divorce
Many people end up wanting to move after a divorce for a variety of reasons. Often, it is financial reasons as moving from a two-income household to a one-income household can be much more costly than anticipated. People may want to move for a better-paying job or to be near family that can help out in watching the kids. The problem is, however, that when there are children resulting from a marriage, it is likely that there are restrictions on your ability to relocate with your children after a divorce.
Absent a history of domestic violence, abuse, or some other type of parental misconduct, Texas courts remain committed to a joint custody arrangement after the parents’ divorce. Joint custody means that both parents have the right to be involved in the decisions impacting the growth, development, and well-being of the child as well as where the child will live. Initial custody orders put in place by the judge will likely put a prohibition on the primary custodial parent relocating outside of a specified geographic area. This means that, prior to moving out of state with the children, the primary parent will need to obtain a court order allowing him or her to do so. The court’s decision will be centered around your children. The court will weigh what is in the best interest of the children. While not impossible, it will definitely take a compelling reason for a court to permit the move to a place where it would make it difficult to logistically impractical for the children to be able to see the other parent on a regular basis.
In the event that the other parent does not want you to move away with the child, he or she has the option of filing for a temporary restraining order preventing you from moving until a relocation hearing can be held. At the relocation hearing, you will need to provide compelling reasons as to why you should be permitted to move. Should you be granted the right to move with your child, you will need to be prepared to work with your former spouse to make arrangements for him or her to visit the children. This may even involve paying a portion of your former spouse’s travel expenses to come and see the children.
Family Law Attorneys
The difficulties of divorce can seem to follow you long after the divorce has been finalized. This can be even more true when there are children involved. Let the dedicated attorneys at Navarrete & Schwartz support you through the divorce process and afterward. We are proud to serve the residents of Midland, Texas. Contact us today.