Child Relocation Custody Lawyer Austin, Texas
Custody & Relocation
One of the most difficult and most common challenges divorcing (or divorced) parents face is the desire of one parent to move. Whether that move is to another town, across the state or out of state, the burden placed on the non-primary parent and the children is substantial. At Newberry Law, P.L.L.C. we handle the various issues parents encounter prior to relocation.
Are you interested in arranging a consultation to discuss child custody and relocation? Whether you are the non-custodial or custodial parent, having a Board Certified Family Law specialist on your case is a good decision, and we can help. Contact our firm today to arrange your consultation with Joe Newberry.
Child Custody, Relocation and Geographical Restrictions
Courts tend to encourage geographical restrictions. Keeping the child in a certain geographical area is thought to be a stabilizing influence, because the child’s relationship with both parents is sustained. Frequent access to both parents is known to have a powerful positive influence on the child. However, sometimes a parent must move with the child, such as when a parent has primary conservatorship (physical custody) and that parent’s employer requires a mandatory move, or that parent remarries and is compelled to move because of circumstances beyond his or her control.
Newberry Law, P.L.L.C. has litigated and been successful with both sides of the issue: maintaining geographical restrictions so the child is not moved, and removing geographical restrictions so a child can relocate.
Not only is a geographical restriction case difficult emotionally for the parents and the child, it can be difficult legally, even leading to a change of custody order. Keeping an adult from moving freely about the country runs contrary to the United States Constitution, but because states have a compelling interest in the well-being of resident children, courts have ruled that states have the right to restrict the child’s movement.
Furthermore, because of these child custody restrictions, parents may have fears they will be charged with kidnapping. If you are a parent, you want to know what will happen when you move. Our firm can advise you about the limits of the law. Your well-being and your child’s well-being are important to us.
Putting Children First
Judges and courts never like to separate children from their parents, but Texas family courts also understand that there are a number of very good reasons why a parent must move away. Newberry Law, P.L.L.C. has handled numerous relocation cases and have seen a wide range of Court rulings in this area. We will give you our honest opinion of your chances to prevail in court for: (1) preventing your child from being removed from the county or the adjoining counties, or (2) being allowed to move from the county or adjoining counties.
You must have a good reason to move. That’s true whether you’re moving out of state, 6 hours away, or two counties away. Any move that keeps a parent from being actively involved in the day-to-day activities of his or her child can effectively end meaningful parental involvement. Moving a child away from a parent can strain the parental bond, so asserting a geographical restriction or removing one is a heavily litigated subject. These situations sometimes even result in a change in custody.
The law concerning relocation cases is not black and white. There are no hard and fast answers regarding child custody and move-a ways. Every case is different. Newberry Law, P.L.L.C. will develop the strongest case we can to promote your relationship with your child or children, your parental involvement, and your financial interests, while still protecting the best interests of your child.
Austin Family Lawyer Areas of Focus
- Child Custody
- Child Support
- Child Visitation
- Common Law Marriage
- Complex Property Division
- Custody & Relocation
- Grandparents’ Rights
- Modification of Divorce Terms
- Paternity Cases
- Protective Orders
- Separate & Community Property
- Spousal Support
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