Many people decide to move out of state after getting divorced to make a fresh start and put the divorce behind them. In some cases, a spouse will get another job in another state once the divorce has been finalized, requiring them to move. However, moving out of state can prevent problems if there are minor children from the marriage and the parents do not agree about the mill. If you are considering relocating with your children, it is essential to consider the following tips before you begin packing for your move. Doing so can save you from a lot of preventable legal headaches.
Moving Out of State and Child Custody Orders
One of the most important aspects of your divorce to consider before moving out of state involves your child custody agreement. There are many reasons why you may want to relocate after getting divorced, such as a new job, being closer to your family, remarriage, and more. Moving out of state could be beneficial for you and your children. However, a move out of state will affect your parenting plan. If your ex-spouse has visitation rights every other weekend and you move to another state, your current parenting plan will not work. Your ex may be upset by the idea that you are relocating and try to take steps to prevent you from taking your children out of state.
Attending a Relocation Hearing
There are two ways you can end up back and front of a Texas family court judge after relocating. If you are the person who wants to relocate, you will need to file for a modification of your existing custody order. You should request permission for the move and a new visitation plan. The co-parent staying in-state can also file a petition seeking to prevent you from taking your kids out of state. If you and your ex-spouse cannot agree about moving out of state, there will be a hearing in front of a judge. The judge will decide whether you can move out of state with your children.
As always, the most critical question in these cases is the children’s best interests. The judge overseeing your hearing will listen to the evidence you and your ex-spouse present and determine whether the move will be in the child’s overall best interest. They will consider whether the move will create a more stable financial situation, a better quality of life, a more stable environment, and a better experience. Working with an experienced Texas divorce attorney can help you tremendously. Your attorney will be able to ask questions and present evidence supporting your move being in the children’s best interest.
When it comes to child custody agreement modifications for relocation, each case is decided individually. For example, suppose if one parent needs medical care that is only accessible in another state. In that case, the court may find it’s in the child’s best interest to keep the child with the parents during the recovery from their illness or injury. Suppose one parent wants to move out of state to get a better, more high-paying job. The court may determine that the increase in income would be better for the child’s best interest. However, the income will not be the only factor the court considers. Instead, they will waive the increase in income with the child’s other relationships and any harm that could come to the child from moving out of state.
Will Your Divorce Be Recognized in the New State?
You may be wondering whether your divorce will be recognized when you move to another state. The answer is yes. You should expect that your divorce will be respected in every state in the United States. The United States Constitution has a full faith and credit clause that requires each state to respect the other state’s judicial proceedings, including divorce proceedings. You are free to date or remarry in every state when you have been divorced. However, if your divorce decree requires you to continue paying spousal support or child support, you will need to let your spouse know that you plan on moving. Your ex-spouse will need to be able to locate you if necessary.
What Happens if You Relocate Without Court Sanction?
In most cases, relocating after divorce will not require you to notify the court, as long as you are not paying spousal support or child support. If you are paying spousal support, you will need to ensure that the court knows your new address and that you continue making payments. If you have children and you decide to relocate without obtaining court approval, you could face contempt of court charges.
When parents are subject to a child custody agreement in one state, they cannot move to another state without requesting a modification to that agreement. Even though we all have a fundamental right to travel as Americans, this right is not unlimited. As a parent subject to a child custody agreement, your movements are not under restriction. The court views any restrictions as protecting the co-parent’s time-sharing rights and safeguarding the child’s best interests.
Speak to a Texas Divorce Attorney Today
After a divorce, moving out of state is more common than you might think. If you plan on moving out of state after getting divorced, and you are unsure whether there will be issues with your divorce decree, you need an experienced divorce attorney on your side. The divorce attorneys at Divorce Concierge are prepared to help you figure out the best way forward. We can explain the law to you, inform you of your options, and represent you in court if it ever becomes necessary. Contact us today to schedule your free initial consultation.