When two parents in Texas split up, it raises a whole host of legal issues surrounding the care of their child. Naturally both parents want to maintain a nurturing relationship with their child, and to that end, in child custody cases, Texas courts aim to see that a child is given the opportunity to spend frequent and regular time with both of his or her parents. This means that sometimes the court will put a residency restriction in place when two parents have a child together but have divorced or broken up. What a residency restriction does is keep the custodial parent from taking the child and moving away from the county where the case was filed, or away from any surrounding counties. Of course, the parent is free to move away alone.
If a custodial parent is facing a residency restriction but still wants to take the child and move away, he or she has to seek the court’s permission in order to do so. The parent seeking to move with the child has to show the court that he or she has a compelling reason to do so. The court will consider a number of factors in this situation.
The court will consider why the parent wants to move. Is the move related to a new job? Does the parent want to move in order to be nearer to other family members? The court will also consider how the child will benefit from the relocation. Will the child receive a better education? Will the child’s quality of life improve? Finally, the court will consider how involved the noncustodial parent is in the child’s life.
Whether you are a custodial parent wishing to relocate with your child, or a noncustodial parent wishing to prevent such a move, it is important to consider having legal advice in such situations. For example, the legal team at Paula Lock Smyth Law Offices has experience exploring all legal angles of their client’s situation, to ascertain how a relocation would affect the child. Parents love their children and want what’s best for them. With the right legal advice, they can protect not only their rights but also their child’s best interests.