Child Custody and Relocation Laws
Historically in Texas, the law has been interpreted as rather strictly opposing relocation in child custody cases. It usually did not matter if the parent wishing to relocate with children was the sole custodian or not – it was considered harmful to the children to move them to an area where it would be more difficult for them to be in contact with the other parent. However, the interpretation of the relocation laws in Texas have shifted somewhat.
Shift in Legal Decisions
Up until the last decade, it was difficult for parents to relocate and maintain custody of their children after a divorce or separation. Then, in 2002, the courts made a ground-breaking decision in the case of Lenz v. Lenz. In this case, they supported the mother’s move to return to her home country of Germany, as it was demonstrated to be in the best interest of the children. Since then, courts have taken more of a case-by-case approach to relocation petitions. Factors they may consider include:
- Effect of the move on the child
- Educational opportunities in both locations
- Health care availability in both locations
- Special needs of the children
- Effect of the move on other children in family
- Effect of the move on non-custodial parent and other family members
- Relocation can either benefit or harm children. It is important that all involved focus on finding the best solution for the children.
If you are facing a relocation issue with the other parent of your children, you need competent and dedicated legal representation to protect your interests and those of your children. Contact the knowledgeable Denton child custody lawyers Alexander & Associates today at 972-420-6560 to learn more about your legal options.
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