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When a Parent Moves During Custody Fight

When one of two parents locked in a custody battle decides to move, this can pose problems for the custody case for a number of reasons. The primary reason has to do with the fact that custody law looks out for the best interest of the children, and it is rarely in the best interest for the children to be moved, especially across state lines. A consistent environment has to be created in order to support the children in your family, and moving any distance away will make it difficult to provide that level of consistency. When two parents are dissolving their relationship and there are children that need to be considered, custody is more likely to be given to the parent that is not moving.

Even if one parent has been granted a greater level of custodial rights over another during a custody court case, then that does not necessarily mean that they can relocate without the court having to become involved. Some non-custodial parents may bring the situation back to court, and it is not uncommon for a move to be blocked by the court because the change in situation is not in the best interest of the child, or of the custody decisions that were previously made.

Understanding what happens when a parent moves during or following a child custody hearing depends on what side of the situation you actually lay on. If you were awarded custody of the child or children, then it is important that you understand what rights are available to you in regards to moving, and why it might be legally and emotionally beneficial not to. If you were awarded partial custody of the children, or have been granted visitation rights, then you should understand how child custody law in Texas protects your rights, even if the alternate parent should decide to relocate.

If there is a good faith reason for the move, then the parent may be allowed to relocate with the child or children. Most judges will examine the request to move based on the individual case and they will make a decision regarding the ability to move only after considering a variety of factors concerning the situation. If there is a custody agreement in place, then a parent has to make a request to move if the relocation involves distancing a child from another parent with custody or visitation rights.

There are reasons why a move might be allowed, but they have to be considered on a case by case basis by the judge. If the parent with custody of the children is seeking better employment and has to relocate in order to find a job, or if the parent desires to live near relatives that are located in another state, the judge may approve the request for relocation, but they must also always consider the best interest of the children and other parties involved in the custody arrangement, as well in the decision process itself in order to be fair to all parties.

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