If you know you’re going to want to relocate after your divorce, you need to read this article. Planning ahead with the help of divorce and child custody lawyers Frisco TX will help you get a court ruling that smooths over the transition for you and your children. The attorneys at Woods, May & Matlock are experienced and have more than 40-years of practice in the Texas court system. We can help you make relocating a viable option after your divorce.
A Fresh Start
We all have our reasons for wanting to get away. Whether it’s to be closer to family, take a new job opportunity, marry someone else, or to get distance from an abusive spouse. You do need to take into account how moving will play out in divorce and child custody proceedings. If you were married in Texas, you need to go through the legal process here as well. That means, if you’re planning on moving out of the state, you may need to put it on hold until after the divorce.
Child Custody Agreements
If kids are involved, it is harder to just up and move because your custody agreement may actually prevent it. Divorce and child custody lawyers Frisco TX that have a great deal of experience with relocation cases can help you determine if you have a good chance of being granted approval to move from the court. If you have joint custody, or what’s called a joint managing conservatorship in Texas, there should be areas of the decision that cover the geographical region for both parents.
Negotiations During The Case
If you have children and know you want to move even before the divorce is final, you should look carefully at custody options with your attorney. Sole custody will give you more power in deciding a move, but if your spouse has joint custody or even just visitation rights, you’ll have to try to come to an agreement with them. Many custody agreements will include geographic restrictions about where you can live, but even if they don’t you can’t just move without the consent of your spouse.
When Your Spouse Is Against The Move
If your spouse won’t agree to the move through discussion or mediation, the court will make the final decision. Someone who disagrees with a move can file for a restraining order against you or file a motion challenging your relocation plans. So, if your joint conservatorship agreement prevents a move or your ex files against it, you need to get permission from the court to move, modifying the original child custody agreement. Here a judge will weigh the benefits of your move against those of visitation time with a non-custodial parent to decide.
Relocations are complex, so hiring divorce and child custody lawyers Frisco TX with experience is the best route to success. Get legal advice today by calling Woods, May & Matlock for a free consultation today at 972-387-9955.