Moving Children Out of State after a Divorce
In the state of Texas, a divorce involving children may result in joint legal and physical custody, or joint legal custody with one parent having physical custody and the other having visitation rights. Unless a parent loses all custody rights, both legal and physical, divorced parents must work together to provide for the best interest of their children. If one parent decides to move out of state after a divorce, it could greatly affect the custody or visitation rights of the other parent.
Moving and Custody Arrangements
When a parent decides, after a divorce, that he or she would like to move out of state and take the children, typically the judge who granted custody must first give his or her approval. Taking a child out of state and away from one parent may be considered to be against the children’s best interests, and the move may be denied. If a parent moves anyway without the approval of the judge, the judge or court may hold the parent in contempt of court.
If you have a valid reason for needing to move, such as being transferred to a military base out of state or being transferred to another job, the judge or court may approve your appeal to move out of state. If your spouse objects to the move to the move, you may want to try settling the matter between yourselves without legal intervention. If you cannot successfully strike an agreement between yourselves, it may be necessary to take the dispute to a mediator or judge.
If you are a parent seeking to protect your custody or visitation rights from an unapproved move, or if you are seeking to move your children out of state but are facing opposition, consider contacting an Austin child custody attorney to discuss your case. An experienced child custody lawyer will fight on your behalf for an outcome that grants you fair access to your children and resolves your dispute.
Contact Us
For sound legal advice and assistance regarding child custody issues during and after a divorce, please contact the Austin divorce lawyers of Slater, Kennon & Pugh Ltd.LLP today at 512-472-2431.