Relocation essentials for Texas families
In family law cases, relocation is frequently a topic. Many people attempt to relocate themselves and their families before, after, and even during a case. This presents challenges but also opportunities for families. At the Law Office of Bryan Fagan, we understand that starting fresh is a worthwhile desire. There may also be factors in play for your family that require a move. What is the best way to go about these types of moves?
Please allow this information from the Law Office of Bryan Fagan to serve as your guide on relocation. After going through a family law case, there are more factors in play than previously. Abiding by court orders is something to bear in mind as you begin to transition into a different lifestyle. At the same time, ensuring that any relocation is in the best interests of your children matters a great deal. Stability and consistency in their lives have an importance all to itself.
Sharing children with your co-parent means learning techniques geared towards joint decision-making. A potential relocation changes family dynamics. To maximize the well-being of your children it is important to consider all factors related to relocation. Relocation is neither a good nor bad thing, necessarily. However, the relocation attempts of your family are impactful on you, your co-parent, and your child.
The impact of relocation on family dynamics
It is hard to argue that relocation would not have a potentially great impact on the dynamics of your family. Even if you do not consider your co-parent to be a part of your family, this is still true. Whereas you may hold these opinions your child still claims your co-parent as his or her mother or father. Therefore, taking into consideration the impact of a relocation on him or her is essential. Going through the stages of relocation before planning out the impacts on your co-parent would be a mistake.
Deciding that the relocation is necessary is neither good nor bad in and of itself. Every relocation comes with risks and potential benefits. The best people to gauge these risks and benefits are you and your co-parent. Despite your disagreements with your co-parent on any number of subjects, you two are still charged with making decisions on behalf of your children. Being joint managing conservators means sharing the decision-making responsibilities.
Rather, a relocation must be made with the consent and approval of your co-parent. By working with your co-parent on this you can avoid potentially harming your child in significant ways. Moving a long distance from your co-parent means changing the nature of your child’s relationship with him or her. Therefore, the specific need(s) to relocate must be significant. Any other justification would not suffice under the circumstances.
Important considerations related to relocation
There are several important considerations to bear in mind as you consider a relocation. This is not one of those subjects that you can rush into. Rather, relocation requires that you take your time and consider the options before you. Once a relocation is made it is very difficult and expensive to undo that step. A great deal of planning should be undertaken before engaging in a move.
An important consideration right off the bat is that a court gauges A relocation request based on the best interests of your child. No matter what the motivating factor is behind the move a court considers the move when looking through the eyes of your child. Therefore, any benefit to you or your family is secondary. The best interests of your child are determined by looking at their present and future. The child’s emotional, behavioral, and physical needs are all incorporated into this analysis.
What are some common reasons why a relocation may be sought?
Finding a new job is a standard reason to request a relocation. In an age where so many of us work remotely, it is now less important where we reside. How many of you reading this blog post have an employer who was located nowhere near where you live? This provides not only opportunities for employment growth but also opportunities to expand your horizons on places to live. When you find the perfect job it no longer must be situated where you live.
On the other hand, there are certainly job opportunities where the location of the job requires a relocation. Sometimes we fall into the trap of assuming that every job allows for remote work. However, many of the most important jobs in our society do not allow for remote work. Therefore, if you work in medicine, hospitality, or entertainment a physical move may become necessary for you. This relocation may have been years in the making. However, it is more complicated when family law court orders come into play.
Educational opportunities spur a desire to relocate
A desire to finish your education may lead to the need to relocate elsewhere. Again, in this age of virtual school, it is less likely that this is now the case. However, in some circumstances moving may be required. This happens in situations where scholarships and other aid opportunities are available through in-person schooling in a different location. In that case, deciding to relocate may involve a short-term cost and a long-term gain. Depending upon the length of time you need to go back to school this could be well worth it.
Many people become more interested in completing school after a divorce. The reason is that you have a greater need to provide for yourself financially. As a result, finishing a degree or beginning a degree may be something you are interested in, as well. Determining the availability of education close to your current residence makes sense as a first option to pursue. Rather than relocating unnecessarily look around your area to find suitable opportunities.
However, if those opportunities do not exist in your current area then determine the options available to you elsewhere. By undertaking a move, you may be able to avoid costs that could otherwise hamstring your family both now and in the future.
Moving to be closer to family
One of the most understandable reasons why you may want to relocate after a divorce is a desire to be closer to your family. When losing your spouse, it becomes reasonable to try and regain a relationship with extended family. These may have been family members who you were not able to spend as much time with for several reasons during your marriage. Now that the marriage has come to an end it could be time to revisit these relationships seriously.
A romantic interest could lead to relocation
It is not uncommon to seek additional romantic opportunities after a divorce. This opportunity may have started as an online relationship. Now it has progressed to the point where an in-person relationship is necessary. When you find yourself in this position, relocation may strike you as the only option. However, moving for romantic reasons makes sense for you but not necessarily for a child. Convincing a judge that relocating for a romantic relationship is in the best interest of your child may not be possible.
Examining your motivation for moving
Without a doubt, your motivation for moving matters. Ultimately your case may need to go before a judge for him or her to consider. The best interests of your child are all right at the forefront of their decision-making. However, your motivation for moving also is important. No matter how well-meaning or noble your motivation is, if it harms the relationship between your co-parent and your child then the relocation is not going to be allowed.
On the other hand, a court may grant your request to relocate under certain circumstances. The most obvious would be you relinquishing the right to determine the primary residence of your child. This means that a court could grant your relocation request if your child stays with your co-parent. At that point, the judge puts you in a position where it is a matter of choosing between the relocation and your children.
These are complex and difficult decisions to make. Many parents in your position struggle with determining the best course of action to take. The attorneys with the Law Office of Bryan Fagan are here to guide and assist parents just like you. A free-of-charge consultation with one of our attorneys is available to you six days a week.
Examine your court orders for more information
Understanding what your court order says as far as relocation is concerned matters a great deal. Many families make decisions about where to live and whether to move without first consulting their court orders. This is a major mistake. First, look at what the orders say as far as conservatorship rights. Conservatorship refers to the rights and duties that a parent has for their child. These rights and duties take on added importance when a family lives in a divided household. Being able to work alongside your co-parent is essential.
This is something that is oftentimes overlooked as families transition into separate households. Many times, the feeling during a family law case is that the case marks the end of your relationship with your spouse. This could not be further from the truth. Whereas your marriage is ending because of the divorce that does not mean that your relationship with this person is coming to a close. Rather, the most important parts of your relationship with this person are continuing. This would be your parenting relationship with him or her.
Your court orders define the nature of your relationship with your child and your co-parent. This is extremely important to make note of. For families like yours who are considering a major relocation this is something to examine closely. Presuming that a relocation either is or is not possible without looking at your court orders Is like putting the cart before the horse. Familiarize yourself with your court orders and always keep a copy handy. If you are having problems understanding your court order, please contact the Law Office of Bryan Fagan today.
Relocating before a court order is in place
Court orders establish whether a relocation is possible in your current circumstances. For those of you who are sure court orders are in place then it pays to be familiar with those orders. However, some of you reading this blog post may not yet have been to court. In that case, you should know that relocating with your child is possible. Let’s consider a hypothetical situation involving relocation to illustrate this point.
Consider a situation involving you and your child. Your child’s father moved out of the house two months ago and rarely sees your child at all. Your child enjoys spending time with him, but the reality is that he does not make much time for your child right now. As such, you do not see much harm in moving with your child to San Antonio. This is where you are from originally and you have family and job prospects there. Everything makes sense as far as moving to this new location.
In this type of circumstance, nothing is stopping you from moving. By the same token, there will be nothing stopping your co-parent from doing the same. Preventing a move like this before you go to court requires action. Filing a divorce or child custody lawsuit comes first. Then, requesting temporary orders is the next step. This can prevent a relocation before a family court judge can rule on the subject.
What are temporary orders?
Temporary orders are orders that go into place during a family law case. Temporary orders can be agreed upon by you and your spouse in negotiation. Both of you work together to come up with temporary orders that suit both of you and your children. These temporary orders are in effect until final orders can be negotiated. Or a court may order temporary orders if you and your spouse cannot agree. In any event, temporary orders form the basis for your behavior during a family law case.
Temporary orders can change behavior during a family law case. Whereas your spouse may have chosen to relocate with your children temporary orders may put a halt to that. Temporary orders also establish the payment of child support and other conditions during the case. Duties are also established through temporary orders.
Since temporary orders are so important to a family law case many people hire an experienced family law attorney to pursue a case initially. A family law attorney knows how to assist in the negotiation of temporary orders. An attorney is also able to craft a strategy designed to help you accomplish your goals in a hearing. Contacting an experienced family law attorney with the Law Office of Bryan Fagan offers a tremendous benefit both now and in the future for your family.
Time is always moving- are you?
The longer you wait to obtain temporary orders in a relocation case the less likely you are to accomplish your goals. Simply put, waiting for your co-parent to move with your child before doing anything is a tremendous mistake. Rather than allowing your co-parent to dictate the terms of your case to you, consider moving forward with temporary orders. Not only can this keep your child close to you, but it can avoid many bad outcomes associated with relocation.
Family law attorneys specialize in helping guide people in difficult circumstances. The decision of whether to move with your family is one that you should not take lightly. Certainly, if the family law court will take seriously your request. The potential impacts on your family and children are significant. Not only that, but your happiness is also a consideration for you, as well. There is a lot to think about currently. Having a plan and being intentional matters a tremendous amount.
Whether you have a plan, or not, time is moving quickly in your case. The longer you take to create a plan for yourself the worse your options may become. On the other hand, the sooner you have a well-thought-out plan the more options may be available to you. In considering all these factors you can rely upon an experienced family law attorney to help you sort through everything. Arriving at options that are best suited for your child is of the utmost importance.
Custody and its impact on relocation
A court order on custody impacts your conservatorship rights. Depending upon the specific order in place you may be limited in terms of what you can do with your children. This includes determining their residence and yours. Some parents can relocate with their children with little to no consideration paid to the parent. It is important to consider that the power to relocate has much to do with conservatorship routes as anything else. These conservatorship rights determine the extent to which you can make moves with your children both near and far.
The two types of conservatorship arrangements in Texas are sole managing conservatorships and joint managing conservatorships. A sole managing conservatorship vests in one parent all of the decision-making authority for the children. It is typical in a sole managing conservatorship that one parent can determine the primary residence of the children. Additionally, that parent may do so without a geographic restriction being in place. This parent has a tremendous amount of authority in determining the residence of children.
Sole managing conservatorships are the exception rather than the rule in Texas. As you will see, courts prefer parents to be named as joint managing conservators. However, there are situations where a sole managing conservatorship is appropriate. These include situations where domestic violence, child abuse, or drug and alcohol abuse has occurred. When it is clear to a court that one parent is not able to responsibly exercise decision-making authority. Consider that, also, the sole managing conservatorship may not be permanent.
Joint managing conservatorships
The second type of conservatorship arrangement is a joint managing conservatorship. In a joint managing conservatorship you and your co-parent share decision-making capabilities with one another. The court’s preference is that both you and your co-parent play an active role in raising your child. Therefore, in most circumstances, you and your co-parent should expect to be named as joint managing conservators.
However, being named as joint managing conservators does not necessarily mean that you and your co-parent have equal rights in all facets of your child’s life. Specifically, one parent may have an advantage when it comes to making decisions about your child’s education, health, or even where your child will reside primarily.
The preference of a court is to name you and your co-parent as joint managing conservators. Talk with an experienced family law attorney with the Law Office of Bryan Fagan about circumstances in your life. You may find that a joint managing conservatorship is not appropriate considering your specific circumstances. Recall that the best interest of your child is what matters most when determining conservatorship.
Geographic Restrictions
One of the important considerations when it comes to determining conservatorship in a family law case is that under a joint managing conservatorship, a geographic restriction typically becomes relevant. A geographic restriction puts the primary conservator in a position where he or she must reside in a certain geographic location. Essentially, the primary conservator cannot live wherever he or she wants. Rather, their residence is restricted to a defined geographic location. That could be an area as small as a school district or as large as the state of Texas.
You will find that in Texas child custody cases, geographic restrictions are typical. Do not expect to be named as the joint managing conservator of the child without also having a geographic restriction placed upon you. Again, this is done to consider the best interests of your child. The presumption under a joint managing conservatorship is that your child is better off having a relationship with you and your co-parent.
Determining an appropriate geographic restriction for your case means thinking about the needs of your child. Many families do not think through the issues in a geographic restriction sufficiently. As a result, it is the child who ends up suffering as a result. Negotiate this issue with an eye toward detail. The more you consider it with your co-parent the better off your child will be. Families who focus on the details in a case find themselves with fewer issues to argue about after the family dog case ends.
The difference between a geographic restriction and a relocation attempt
Geographic restrictions typically serve as an obstacle for families seeking to relocate. Again, the geographic restriction is typically placed to increase stability in the child’s life. As a secondary factor, it serves to protect the relationship between the non-primary parent and the children. In other instances, a non-primary parent would be forced to follow the primary conservator whoever he or she chose to move.
Consider a situation where a geographic restriction exists in your case. Next, you asked the court to allow that geographic restriction to be lifted. For the court to consider this several different factors are considered. Your child’s age and their relationship to your community is critical. Younger children who do not have much in the way of a relationship with their community aren’t as tied to their current surroundings. However, older children almost certainly have more of a relationship with your community.
Consider these factors when attempting to relocate
The most important factor to consider is the impact of a move on your child’s relationship with their other parent. It is usually very difficult to make an argument that you would be able to move your child a great distance from your co-parent without impacting their relationship. The greater the distance between parents and children the less likely there is to be a good relationship. This is the starting point for any relocation discussion with the court.
Your child’s relationship both with you and your co-parent is examined. For example, if your child has never been able to form a strong relationship with your co-parent because he never takes an interest in him or her then that is also a factor for a court to consider. As you can tell, this entire discussion is one about competing interests and different factors that are relevant to many families.
Figuring out a way for your co-parent and your child to maintain a strong relationship is critical. There may be circumstances which merit consideration. Inexpensive and simple travel arrangements are one of those. It is conceivable that a father who was also a pilot may be able to facilitate travel for his children which makes a relocation on your part simpler. However, the needs of your children come first and foremost.
Important considerations for relocation
Thank you for choosing to spend part of your day today with the Law Office of Bryan Fagan. Our experienced family law attorneys take a great deal of pride in being able to serve our communities. If you have any questions about the material shared with you today, please do not hesitate to contact our office. We offer free-of-charge consultations where your questions are addressed. From there, helpful information is provided that can assist you and your family. The Law Office of Bryan Fagan is on your side.
