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Family and Criminal Law Blog

Tuesday, October 11, 2022

Can You Relocate When There is a Custody Order in Place?

Have you been offered a new job? Do you want to move closer to family? There can be a million reasons why a person wants to move and it can be an exciting adventure. If there is a custody order in place, however, things can get complicated. The relocation of a parent can have a serious impact on a custody order. As such, if you are considering relocating when there is a custody order in place, you are probably wondering whether the move will even be possible.

Can You Relocate When There is a Custody Order in Place?

When a parent wants to move some other place with their child from a previous location, this is referred to as “parental relocation.” In this situation, however, there is usually a custody agreement in place between the two parents. Custody agreements often contain geographic restrictions which limit where the child resides. The restriction may limit where the child can live to a certain county, school district, or other geographic boundary.

When a parent wants to relocate a short distance away and stays with in the geographic boundaries of the custody agreement, the move is most likely going to be deemed non-disruptive and, thus likely approved by the court. It is also likely that the other parent would agree to the relocation and court intervention to resolve the matter would be unnecessary.

If you are looking to relocate when there is a child custody agreement in place, there are two ways that you can get approval for such relocation. First, you may be able to get approval by reaching an agreement with your co-parent. This is, of course, the ideal scenario. Your co-parent may agree to the relocation and work with you to establish an agreement reflecting this. Without this agreement, court intervention will be necessary in order for a decision to be rendered as to whether the move will be approved.

Regardless of whether relocation is approved by agreement or through court intervention, there are other issues that will need to be addressed. Parental relocation will impact pretty much an entire custody agreement. Issues that will need to be addressed include things like travel schedules, holiday schedules, time-sharing schedules, and even child support. Even after approval of a move, there will be all of these hurdles to jump before the move can happen. The court will once again use the best interest of the child standard to make determinations relating to the custody agreement.

Family Law Attorneys

Moving is stressful enough, but looking to relocate when there is a child custody order in place can be overwhelming to say the least. Talk to the team at Navarrete & Schwartz about the situation you are facing. We are here to help and will provide you with trusted legal representation throughout the process of seeking parental relocation. We are proud to serve the residence of Midland, Texas. Contact us today.


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Navarrete & Schwartz, P.C. is located in Midland, Texas and serves the surrounding cities and counties, including: Odessa in Ector County, Andrews County, Martin County, Howard County, Winkler County and Crane County.



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