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Child Custody and Relocation: Understanding the Impact on Your Children

 Posted on May 08, 2023 in Child Custody

b2ap3_thumbnail_shutterstock_501068470.jpgChild custody and relocation are two highly complex issues that can greatly impact the lives of children involved in a divorce or separation. Following a separation or divorce, Texas courts often encourage joint conservatorship so both parents share rights and responsibilities in raising their children. Parents considering relocation must understand the potential impact it may have on their child custody arrangement and the emotional well-being of their children. 

In this guide, we will discuss the impact of relocation on children and the legal considerations that must be taken into account in such cases.

Legal Considerations for Child Custody and Relocation

When parents separate, one of the most challenging issues they face is determining their children's custody and visitation schedule. When one parent desires to move to a new location that is a significant distance away, it can add complexity to child custody issues. The court examines various factors when deciding custody arrangements, such as the child's age, requirements, and relationship with both parents. In situations where a parent wants to relocate, the court considers additional factors that are as follows:

  • The reason for the proposed move

  • The distance of the move

  • The impact on the child's relationship with each parent

  • The availability of alternative visitation arrangements

  • The child's preference if they are of sufficient age and maturity

  • The impact of the move on the child's education and social life

Impact of Child Custody and Relocation on Children

Child custody and relocation can have a significant impact on children. Relocation can be especially challenging for children as they are forced to adjust to a new environment, new school, and potentially a new group of friends. This can be particularly challenging for older children who have established relationships in their current location. 

Additionally, the relocation can impact the child's relationship with the non-custodial parent. The distance of the move and the cost of travel can make visitation difficult or impossible, which can be emotionally distressing for both the child and the non-custodial parent. 

It is essential to consider the impact of the move on the child's relationship with the non-custodial parent and work to establish a new visitation schedule that accommodates the distance.

Alternative Visitation Arrangements

In situations where relocation is not feasible, it is essential to explore alternative visitation arrangements. These arrangements may include longer visitation periods during school breaks or summers, frequent video calls, or travel assistance for the non-custodial parent. 

Child Custody Modifications

If you have an existing child custody order and one parent wishes to relocate, it may be necessary to modify the custody order. In cases where the relocation will significantly impact the child's relationship with the non-custodial parent, it may be possible to modify the custody order to ensure that the child maintains a relationship with both parents. 

Contact an Experienced Child Custody Lawyer in Austin, Texas

It is critical to understand the legal requirements and potential impact on your child before making any decisions. 

At Powers and Kerr, PLLC, we have the experience and knowledge to help you navigate child custody and relocation cases. If you are facing a child custody and relocation issue, contact our professional Austin child custody attorneys by dialing 512-610-6199 today to schedule a consultation.

 

Sources:  https://www.texasattorneygeneral.gov/sites/default/files/files/child-support/Parenting%20Together/coparenting.pdf

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