Every so often, unmarried parents who have children together will need to relocate. If one parent wants to relocate out of the country, another layer of difficulty is added. You should always seek the sound advice of a family law attorney when it comes to custody issues, especially complicated ones.
When you aren’t married to their other parent, relocating with a child can be one of the most complex custody issues you will ever face. If you desire to move out of the county, the situation can be even more challenging. To reach the best outcome, you’ll need a seasoned Sugar Land out of state relocation lawyer to help you.
Can Parents Relocate?
Whether a parent wants to move out of state or out of the country, they have the right to do so. However, they don’t have the right to take their child out of state without the family court’s permission. Getting that permission can be tricky and will require help from a Sugar Land out of state relocation attorney who is well-versed in Texas child custody laws and the local court system.
Often, the court will mandate that the parent with primary custody live within a particular area. Even if they don’t have such an order, relocating out of state requires a court order giving the parent permission to do so. Parents cannot simply pick up and leave at their will.
If your child’s other parent doesn’t want you to move with the child, they can file an application for a temporary restraining order to keep you from moving. If granted, this will remain in effect until the court can hold a relocation hearing.
You will go before the judge at the hearing and show them why you need to move— whether out of state or out of the country. Your reasons must be compelling, not merely because you feel like it or are following a romantic interest. Possible reasons that might convince the judge to allow such a move include relocating to:
- Be employed
- Be closer to family members who can help you care for your child
If, for any reason, the judge thinks you are moving to impact your child’s relationship with the other parent negatively, they will not permit you to move. They will consider what is in the child’s best interest, and sometimes, depending on their age, their wishes. You will need to have a plan allowing your child to visit the other parent and determine how they will travel back and forth and who will pay for that travel.
Relocating Out of the Country
While not impossible, getting the court to approve a move out of the country is even more difficult. The logistics of the child visiting the parent that is still in the U.S. can keep a parent from being able to leave the country with their child. In most international custody cases, Texas courts will look at the following:
- How the cultural practices and conditions of the foreign country could impact the child
- Possible visitation difficulties for the parent who stays in the U.S.
- The existence of jurisdiction matters that make the enforceability of the domestic custody and visitation orders a problem
- Other factors related to the best interests of your child
Whether you want to move out of the country with your child or your child’s other parent wants to do so, and you don’t want them to, you need the help of a knowledgeable Sugar Land out of state relocation lawyer.
Turn to a Knowledgeable Sugar Land Out of State Relocation Lawyer Today
Custody and relocation issues are emotionally charged and can be legally problematic. No matter if you are the parent who wants to move or the parent who doesn’t, a Sugar Land out of state relocation attorney at Jaime Jordan, PLLC, can help. You can learn more about our family law services by scheduling your consultation today. Call (832) 463-4933 or reach out to us online.