As a parent, sometimes you may need to move homes following a new job, promotion, or to support your family that lives elsewhere. However, when you share custody of your children, a move may affect your child custody agreement and require a modification.
Moving Within Your Current Region
If you are moving within your current town or county, you may not need to file for a child custody modification regarding your relocation. This can mean moving down the block, switching apartments in your complex, or even heading across town to live in a different school zone for new educational opportunities.
As long as the move makes it feasible for both parents to continue following the custody order, a new custody order will not need to be created and both parents can continue following the current order until a modification is needed.
Moving Away From Your Home
When your relocation takes you a little further from home, you will need to notify your child’s other parent. If your child’s other parent approves, the courts will most likely follow suit, as long as the move is in the child’s best interests and a new conservatorship agreement is created to reflect the new living arrangements.
Court Approved Relocation
However, if your child’s other parent contests your move, you may need to file for court-approved relocation and a custody agreement modification. The court will need to approve your relocation before you move, especially if you move out of state as it can be considered kidnapping if you move across state lines with your children without court approval.
When considering if your relocation will be approved, the courts may factor in:
- If the move is in the child’s best interests
- If the current custody order could feasibly be followed by all parties,
- The educational and physical needs of the children,
- Which parent has a majority of the time-sharing agreement with the children,
- If the move is for better occupational opportunities for the parent,
- If the move is towards members of the family, and
- If the move would negatively impact the children’s relationship with their non-moving parent.
With these considerations, the court will make its decision on whether or not to approve your move. If the court approves the relocation, a new custody order will be drafted, but if the court does not approve the move, the children will not be allowed to move and the parent must make other arrangements.
Woodlands Child Relocation Attorneys
If you are considering a move but share conservatorship with your child, our child relocation lawyers at Parchman Law Group P.L.L.C. are prepared to consult on your case and protect your family. We can help you request child custody modifications and requests for child relocation.
Are you considering relocation but are unsure how it would affect your child custody order? Call our team at (713) 364-0777 or contact us online to schedule an initial consultation.