It happens. You get the call from your ex-spouse saying they’re considering moving to another state with your children. As you both share custody, panic sets in as you worry you’ll lose contact if they go. Luckily, Texas law helps protect you from this scenario. And the attorneys at Schneider Law Firm, P.C. in Arlington can help, too.
Texas courts will do everything in their power to do what’s best for your children. So, unless there is a reason not to, such as a history of abuse, the courts will typically recommend a joint managing conservatorship. This means both you and your spouse will share custody of your children.
In a joint managing conservatorship, the court will determine the primary parent of your children, or the parent responsible for deciding where the children will live. Yet, this is most commonly a specific geographic area, enabling effective joint custody for both parties.
Custody orders are concrete. This means that if the court originally requested the primary parent to stay within a specific geographic area, they must do so. Even if your ex-spouse is the primary parent of your children, they can’t leave without first going back through court.
The process involves petitioning the court and attending a relocation hearing. During this hearing, your ex-spouse will need to explain their reasoning for the move. The court must have valid cause to approve the move, such as relocating for a job. Your ex-spouse can’t simply move to try to keep you from your children.
If you don’t already have an attorney, we recommend reaching out to one who can help you navigate the complexities of child custody modifications. Rest assured that an attorney can help you file the proper motions required to fight for your rights and those of your children.
Schneider Law Firm, P.C. has years of experience in child custody in the State of Texas. Whether you require an order modification or are considering a divorce, we’re here to help.
We know that you want what’s best for your children. If you’re struggling with a child custody issue, we’re here to support you. To learn more about your next steps, reach out to our Arlington, TX, legal team by calling 817-799-7125 or send us a message.