Can I relocate with my children after divorce?
When Dallas couples get married, they often begin a new chapter of their lives by promising to stay together for the rest of their lives. You might have children and aspire to raise them to the best of your ability and provide the best for them. However, people, situations and lives change, potentially leaving you at odds with your spouse. This could cause you to face off in an amicable or hotly contested divorce and child custody battle.
If you are prudent, then you may be able to come an agreement regarding your divorce and child custody plan. But in today’s increasingly mobile society, what happens if you want to relocate to another state?
It is very important to be familiar with the laws of one’s state regarding child custody and relocation. Every state interprets and applies these laws differently and based on every family’s individual circumstances. It is most likely that you will find yourself back in court for a resolution of your relocation issue and in that instance, knowledge is power.
The child’s well being is supreme in these situations. Arguing better pay or proximity to other relations is not enough for the court to make a decision in favor of relocation. The court must be convinced that these factors will inextricably affect the child’s well-being in a positive way. If the noncustodial parent contests the relocation, then you must prove that the child’s overall quality of life will improve, even though the child is going to be separated from the other parent.
Going through the legalities of a divorce once is difficult enough, both emotionally and financially. Going through it a second time may be the tipping point for many parents, causing them to feel completely overwhelmed. It may therefore be in your best interest to consult an experienced attorney to help you handle your child custody matters.
Source: Huffington Post, “6 things to expect and consider when relocating with children after divorce,” Andrea Moore, Dec. 16, 2013
Paula Lock Smyth has practiced law in Texas since 1985, focusing on Family Law, Probate, Mediation, and Collaborative Divorce. She is a trained mediator, seasoned litigator, and one of the early adopters of Collaborative Divorce in Texas. Paula is a member of the State Bar of Texas, the College of the State Bar and the Texas Bar Foundation and has served as Past President of Dallas Lawyers Concerned for Lawyers. She was a Master in the Annette Stewart Inn of Court and is a Charter Member of the Collaborative Law Institute of Texas. Her legal knowledge and decades of experience make her a trusted voice on matters that impact families across Dallas and surrounding counties.
