Divorce Modification
If you are a divorced parent looking at moving, you will probably need a divorce-decree modification. Part of the divorce decree includes the parameters about child support, custody and visitation. When a parent moves — especially if it is the parent who has primary custody — it will have serious implications on the divorce decree. Generally, for the court to approve a relocation, there has to be very serious reasons for the move and it has to be in the child's best interest.
Although a post-divorce modification for relocation can be a difficult proposition, Denton County child relocation lawyer Stephen E. Dubner can help you get the best possible outcome. Our law firm makes it a priority to give our clients realistic, steady advice so they can make intelligent decisions about your case.
The Child's Best Interest
The biggest problem with one of the parents wanting to move after a divorce with children involves the child custody and visitation. If one parent moves and takes the child, it effectively eliminates the right of the other parent to maintain a relationship with the child. Some of the options for getting a relocation approved by the court:
- Concession: When the other party concedes to the move, we can work out the custody and visitation issues through mediation or collaborative family law, avoiding divorce litigation.
- Divorce litigation: When the parties disagree on whether the move is in the best interest of the child, we would need to convince the court to decide. This is a very difficult task because it involves a showing that the other parent did not use visitation rights or that visitation with the other parent is not in the child's best interest.
- Loss of custody/visitation limits: The moving parent could also turn rights to visitation and custody over to the other spouse.
Obviously, not all of these options are available in every case, and not all of them are ideal. You can talk with Steve Dubner, and he will use his experience as a lawyer to help you determine the best course of action for your case.
Contact a Highland Village Custody Modification Attorney | 940-239-7568
Either call our Denton County office or contact us online to schedule your fee initial consultation.
