When you and your former partner divorced or resolved your suit establishing parentage rights early last year and amicably agreed to your current child custody arrangements, you assumed that everything that happened next for you as parents and your children would be relatively smooth sailing. And for the most part, it has been. However, you just received a job promotion—one that comes with life-changing money and opportunities. The catch? It requires relocating to the other side of the Metroplex, significantly increasing the distance between you and your former partner.
Naturally, you worry that you will not be able to accept the job because it may strain your ability to have equal access to the children. Even if you are both willing to explore options, you assume the Court may not allow such a thing to happen.
Relocating with children can complicate existing child custody arrangements, often requiring permission from the Court when the other parent will not agree to change the custody arrangement to accommodate your desire to relocate. That said, do not give up on your dreams of starting this new job just yet. Read on to learn about you and your former spouse or partner’s legal options and how you may be able to pursue this new chapter while protecting the parent-child relationship.
How Does Relocation Affect Child Custody Arrangements?
What should happen with your job opportunity and unique child custody situation may not be entirely clear until you can sit down with a knowledgeable family law attorney. After all, it is your attorney’s job to understand the current family dynamics and custody schedule, how far the move is, everyone’s opinion on the matter, and how this move may impact the children.
Generally speaking, the parent wishing to relocate must seek Court approval if the relocation will require a modification of the current orders governing the parent’s rights and responsibilities to their children. Why? Even though this move may be great for your career and may improve your ability to care for and provide for the children, Courts evaluate whether the move is in the children’s best interests.
In doing so, they will consider factors such as:
- The kids’ relationship with both parents
- The distance and reason for the move
- The potential effect on the kids’ stability
- Whether or not the move substantially affects the other parent’s rights and duties
- The current child custody and visitation schedule
Again, every family law case is different. Therefore, nothing is guaranteed with your unique situation. That said, the existing child custody arrangements would need to be modified if it is required to accommodate the new living situation and the relocation is approved. This can include adjusting visitation schedules, travel arrangements, and even financial support related to the added distance.
If both parents cannot agree on the move (even if they have good intentions), the Court will hold a hearing to assess whether modifying the court’s existing order is necessary to serve the best interests of the children to accommodate the relocation of one parent. At this hearing, the court may balance both parents’ rights and each child’s well-being.
Still Considering the Move? Give Us a Call!
If you want to relocate with your children, whether to the other side of DFW or out of state, you must consult with a family law attorney. Since custody laws vary by state, understanding the legal process in your area (or the area where you plan to move) is critical.
That is what Nelson Law Group is here for—to help families! Whether you are navigating the complexities of a divorce, seeking custody of your children, looking to adopt, or needing to modify existing child custody arrangements, family law matters are deeply personal and require careful consideration of the law and your individual circumstances.
Call Nelson Law Group Today!!
Regardless of your family law matter, you need an advisor to guide you through each stage and help you deal with the fears that naturally come with that. We work diligently to achieve a result that ensures you receive what you are entitled to as you move forward onto the next stage of your life. The Nelson Law Group brings two decades of family law experience to every case.
Give our knowledgeable staff at Nelson Law Group, PC, a call if you have any further questions. Our staff is always available. Give us a call today! For more information about Brett A. Nelson, click here.
