As the custodial parent in a divorce situation, there are certain rules you have to abide by to keep everything fair for both parents and the children. If you need to relocate, you may begin to wonder how you can make that happen while keeping within the guidelines you are required to follow. The good news is there are some things you can do. The following should get you started.
Study Your Divorce Order and Give Notice
The first thing you should do is study your divorce order to see what it says about relocating. Some divorce orders simply abide by the basic rules of the state, while others might have certain limitations for that specific couple. If your order doesn’t give any specific limitations, give notice to your former spouse of your intention to relocate. This is something you should do in writing, and it needs to include the date you plan to move, as well as the location you plan to relocate to. Your notice must be given within a certain amount of time before the move, and sending it certified mail can help you ensure that happens.
Try to Work It Out
If you can work out the move with your former spouse without involving any type of legal process, that’s great. You may still want an attorney to look over the agreement you come up with, just to ensure you are protected and that you have all your bases covered. If you are able to work out an agreement on your own, be sure it includes a new visitation schedule, holiday schedules and summer schedules.
Create a Solid Case
More than likely, if you are hoping to uproot your child, there is a good reason for doing so. You’ll need to make a solid case before the court if you are unable to come to a conclusion on your own and face going before a judge. A judge’s job is to do what’s in the best interest of the child, so he or she will look at whether the custodial parent has a better job opportunity with the move, if there are greater family ties in the new location, if educational opportunities are greater or if the child has extracurricular interests that are unique to that location.
Contact a Lawyer
To get started with your petition to relocate as a custodial parent, it’s a good idea to enlist the help of an attorney. Contact a divorce attorney, like a divorce attorney in Arlington, TX, today to get started.
Thanks to Brandy Austin Law Firm, PLLC for their insight into dealing with child custody if you need to relocate.