San Antonio Parental Relocation Attorney

Answer: In Texas, child relocation laws may require a parent who has the exclusive right to determine a child’s primary residence to seek consent from the other parent before moving outside of a specified geographic area. Regardless of whether the moving parent receives permission from the other parent, he or she will still need to get court approval for the relocation. A parent who plans to relocate will need to demonstrate to the court that the move would be in the child’s best interest. The court will weigh factors such as the reason for the move, the child's relationship with each parent, the geographic specifics of the move, and the possible disruption the move may cause to the child's life.

Answer: Brandon Wong & Associates can provide invaluable assistance in a parental relocation case. Our firm will help you navigate the legal procedures, interpret court agreements, and be a champion for your child’s best interests in court. We can assist in gathering evidence to illustrate how the move serves the child's best interests without intruding on the other parent's rights. We can also help guide you through negotiations with the other parent, suggest alternative solutions, and make sure your relocation petition is compliant with Texas state law.

Answer: Obtaining permission for parental relocation begins with evaluating and documenting your reasons for the move, whether it is for a job, family support, or a better living situation. You can then seek approval from the non-moving parent to see whether he or she consents to the move. Whether you do or do not receive consent from the other parent, you will need to file a petition with the court. The court where you file your petition will need to be the same court that issued the original custody order. The non-custodial parent will need to be formally notified of the petition. They will then have the opportunity to respond. After a court hearing where both parents can present their arguments, the court will make a determination based on the best interests of the child.

Answer: Yes, especially if the relocation goes beyond the geographic restrictions previously agreed to. In this case, the custody arrangement may need to be modified to reflect the updated circumstances. Modifications to the custody order could include changes to visitation schedules or, in some cases, a shift in primary custody.

Answer: Factors such as deployment and relocation can directly impact parent visitation schedules as well as parental responsibilities. Contrary to popular belief, it is possible for a parent to have full custody even if they are on active duty in the military. In these cases, the court will carefully consider factors like the child's safety and well-being and the ability of the parent to balance their military obligations with their parenting duties.

Answer: Consult with a family lawyer, as you will need to petition the court to obtain permission to relocate. You need to be prepared to show how the move supports the best interests of the child and how the non-moving parent can still be a part of the child's life even after the relocation takes place.

Answer: A geographic restriction refers to the specific area where the child must reside. If a child custody order includes a geographic restriction, the parent with the exclusive right to determine the child’s primary residence may live anywhere within the specified area. If you have a geographic restriction, and you wish to relocate with your child outside of the specified area, it will be necessary to return to court to modify the custody order to adjust the geographic restrictions that were set in the original order.

Answer: In long-distance visitation scenarios, it may not make sense for parents to travel far distances for visitation on a regular basis. Long traveling times can be highly disruptive to the child's life, and parents may wish to minimize the difficulties that their children will face in these situations. However, other arrangements can be made. A parent may have virtual visitation with their child through Skype, Zoom, Facetime, or other forms of technology. There may also be designated alternatives, such as sending another family member who can visit with the child on a parent’s behalf. Arrangements may also be made to have a child visit a parent for longer periods a few times a year instead of traveling long distances on a regular basis. If traveling will be the best way to maintain a relationship between a child and a non-custodial parent, the court may allocate certain travel costs between the parents.

Answer: If there is a significant change in circumstances of either the parent or child, this may be sufficient grounds for modification to a custody order or even a parenting plan. A parent’s relocation may be considered a significant change in circumstances.

Answer: To effectively establish what is in the best interests of the child, you must present compelling evidence that the relocation will improve the child's life or help you provide for the child’s ongoing needs. This may involve demonstrating the enhanced educational opportunities in the new location, the access to improved healthcare, or the fact that the new location presents a safer living environment than the old location.

Answer: Any evidence demonstrating that the move benefits the child may be provided. This may include job offer letters indicating improved financial stability, proof of a better school system in the new location, or evidence of a stronger support network. A detailed visitation plan showing how the non-relocating parent will maintain a relationship with the child is also important.