Experienced, Empathetic Advocacy In Family Law And Criminal Defense

Move out of state granted in child custody case

On Behalf of | Jan 24, 2019 | Child Custody

When parents divorce or end their relationship, the well-being of their children is of the utmost concern. Generally, it is beneficial for children to have a relationship with both parents, unless one of them is abusive or neglectful. Depending on a particular family’s circumstances, child custody can be arranged in varying ways, with one parent serving as the primary caregiver, or both equally caring for their kids. That agreement can often include a provision preventing a parent from moving out of state. Parents here in Texas may be interested in a recent case where a mother’s request to relocate with her children to another state was upheld by an appellate court, as there is a great deal to learn from her situation.

The mother in question and her ex-husband were married 18 years ago, and they had two children together before divorcing in 2014. A court granted them joint custody, with the mother being the primary caregiver. She was also awarded child support and half the equity of their shared home, but the court order also prevented her from moving out of state.

When the woman got engaged to a man who lived outside of her home state, she filed a request in court to be allowed to move with her children to where he lived. She argued that since she had no family in her original state and had been caring for her two children for several years, if she moved, her new husband’s extended family could assist with child care. This would enable her to seek employment or further her education. The lower court agreed with her, and that decision was ultimately upheld on appeal. The father requested more visitation time but was denied.

Sometimes, a move out of state could be what is best for a child, even if it means one parent will see the child less often. There are also times when the opposite is true. Parents here in Texas who encounter this issue may find the advice of an attorney with experience in child custody cases extremely beneficial. Whether the individual is the parent who wishes to move or not, the well-being of any children involved is what needs to stay front and center in any custody arrangement.