What you can do to keep your child close to home after a divorce

 Posted on January 29, 2018 in Blog

You and your child have maintained a close relationship since the divorce, even though you do not get to spend as much time together as you used to. Now, though, your ex is talking about moving out of Texas and taking your child with her.

Is there anything you can do about it?

File a motion opposing the relocation

A hearing before a judge is a crucial factor in preventing your child’s relocation. You want this hearing because the court system takes the best interest of your child to heart. In Texas, this typically means making sure you have adequate time to spend with your child.

Consequently, a judge will often determine that a move that takes your child out of the geographical region set in the court order should result in a custody change that favors you rather than your former spouse. The judge who oversees the hearing can make a difference, though, as her or his views on geographic restrictions can vary.

If you worry that your child’s other parent will leave with your child without first seeking the court’s permission, you may also file a temporary restraining order.

Speak to an attorney

Every child custody relocation case is unique, so there is no guarantee that a judge will rule in your favor. For example, if your child’s other parent wants to make the move because it involves taking a job that will provide your child with a much higher standard of living, the judge may determine that it is in your child’s best interest.

Even in a case like that, an attorney may be able to ensure that your child spends more time with you to compensate for the distance. It is also common for the judge to order the other parent to pay transportation costs, or to offset them by decreasing the amount of child support you pay. It may even be possible for you to receive custody of your child. This may be enough to make your former spouse reconsider the move.