Many of those who come to see us here at the law office of Roland R. Esparza have question regarding relocation following a divorce. Those moving divorcees with children want to know what, if any, restrictions they face as part of their child custody agreements. We’ll examine those in this post.
Texas follows the child custody philosophy of joint managed conservatorship. Yet even when such a custody agreement is made, one parent is typically designated as the primary conservator. The court will also determine a geographic in which the child must live. According to Texas Family Code Title 5 Section 153.001(a) (1), the state endorses the idea that both parents should be allowed parenting time if both have shown a willingness to place the best interest of the child first. This statue, in essence, restricts the primary conservator from denying access to the children to the other parent.
If the primary conservator wishes to move, the burden falls to him or her to prove three points:
- The move is not motivated by a desire to interfere with the relationship between the children and the other parent
- The move is in the best interest of the children
- The children will able to maintain close ties to the other parent after the move
Parents wishing to relocate may increase their chances of presenting a successful case to the court f they’re able to work with the ex-spouses to outline a clear visitation plan that will help to continue frequent contact between the non-custodial parent and the children.
For more information on this and other issues involving divorce mediation, visit our Divorce page.