Leading family law attorney Daryl Weinman, founding partner at Weinman & Associates, P.C. in Austin, TX, unveiled the facts about child relocation laws. For more information please visit https://www.weinmanfamilylaw.com
— In a recent interview, leading family law attorney Daryl Weinman, founding partner at Weinman & Associates, P.C. in Austin, TX, unveiled the facts about child relocation laws.
For more information please visit https://www.weinmanfamilylaw.com
When asked to comment, she said, "It's not unusual that a divorced parent will look into relocating to another county or state, particularly if they receive a job offer or need family support. However, matters are likely to become pretty contentious when that parent wants to relocate with their child. Here's everything you need to get you up to speed about child custody relocation laws in Texas."
To understand child relocation law, according to Weinman, it's essential to first grasp the basics of child custody.
"In Texas – and as in many other states – the most common type of child custody arrangement is joint custody. In other words, there's a legal presumption in Texas that it's in the children's best interest to have an ongoing relationship with both parents," she said.
Generally, the child custody arrangement specifies that the child will reside within a specific geographical area.
"As part of a child custody suit, the judge will come to a decision about who the 'primary parent' will be, which gives that parent the right to decide on where the child will primarily live. In this situation, you must get approval from the court to be able to remove the child from the state. In other words, you can't simply pick up and move," she added.
Weinman was quick to add that court approval is not needed if there is nothing in the original child custody arrangement that restricts movement, but the moving parent needs to give proper notice to the other parent about an impending move.
When asked to elaborate, Weinman said, "If the other parent doesn't agree with the move, proper notice gives them time to file a motion with the court and potentially get a temporary restraining order until a court hearing."
According to Weinman, during the hearing, the parent wishing to relocate with their child must show why the move should happen.
"Valid reasons for a move might include a job relocation or offer, particularly if the parent cannot find similar employment in the area. Another reason is to move closer to family who could help in raising the child. These reasons need to be specified to prove to the court that you are not moving simply to disrupt the relationship between your child and ex. The court will always balance the reason for the move with the impact on the relationship between the child and the remaining parent."
"If you find yourself in the midst of a child relocation dispute, make sure to seek expert legal counsel who can help explain your options and navigate Texas family law," she added.
Name: Daryl Weinman
Email: Send Email
Organization: Weinman & Associates, P.C.
Address: 8200 N Mopac Expy #230, Austin, TX 78759, USA
Release ID: 88950277