Lifting a geographic restriction can be tough. Often circumstances have changed since a final order whereby a primary conservator wants to leave the area and move with the children. This leaves the non-moving parent in a difficult situation as suddenly visitation with their child is less frequent.
The standard for allowing one parent to relocate as it is in all family law cases is the “best interest of the child”.
The Texas Supreme Court has held that “no bright-line test can be formulated” regarding these types of cases. These cases are intensely fact-driven and the best interest test considers and balances numerous factors and relocation must be determined on a case-by-case basis.
If you are the parent looking to relocate here are some of the factors the court will look at to determine whether or not a relocation should be granted:
1. Whether the move improves the primary parent’s financial situation
2. The connection between the primary parent’s well-being and the best interests of the child
3. The ability of the child to maintain frequent contact with the other parent
4. The other parent’s ability to relocate
5. The relationship between the child and the other parent
6. Reasons for and against the move
7. Comparison of education health and leisure opportunities
8. Whether special needs or talents of the child can be accommodated
9. The effect on extended family relationships
10. The impact on visitation and communication with the other parent to maintain a full and continuous relationship with the child
11. Quality of life for both child and primary parent
12. Presence of family and friends in the new area
13. Prior connections to the new area
14. The benefits to the child of the move
15. The parent’s good faith in requesting the move
16. The willingness of the moving parent to pay travel costs.
17. Whether flights to and from the other parent are direct
18. The age of the child
As you can see there are many things that the court can and will consider when looking at whether or not allowing the primary parent to move is in the best interest of the child/children.
If you are the primary conservator and find yourself looking to relocate, give us a call.
Modern Family Law’s team of experienced law attorneys takes a compassionate approach to the practice of family law. Using innovative technology to create an effective and efficient process for our clientele, our attorneys approach each case as a collective effort to find the best long-term solutions for each family. Learn about our Austin child custody lawyers or our San Antonio child custody lawyers. For more information please give us a call or fill out a short form online to sign up for a free consultation today! Let us make a positive difference in your life.
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