Relocation

Austin, Texas, Parental Relocation Lawyer

For an increasing number of divorced families, parental relocation is becoming a contentious issue both during and after divorce. When a parent with primary residential custody wishes to relocate to another state or country with the child or children, there is very little room to compromise with other parent. For this reason, relocation issues are often decided by a judge in family law court rather than by negotiation.

I'm Gregory Hitt, a family law attorney in Austin, Texas. I represent both custodial and noncustodial parents in relocation disputes in Travis, Williamson, Hays and Bastrop counties. I also represent parents who are seeking other modifications to child custody and visitation orders.

In Texas, child custody and visitation orders have a geographic restriction in place that prevents a parent with primary custody from moving the children out of the area. If a parent with primary custody wants to move, he or she needs to file a motion to modify the order to lift that geographic restriction. A judge will then decide whether the parental relocation is in the best interests of the children.

Texas law says that parental relocations are handled on a case-by-case basis. There are a number of factors that a judge is supposed to consider in a relocation case, including:

• What is the parent's motivation for moving? In other words, does the custodial parent have a good reason for the relocation?
• If the relocation is for job reasons, is the move voluntary or involuntary?
• What are the ages and circumstances of the children? Will the move be traumatic for the children? Does a child have special needs that can be best met in the current geographical area?

Many other factors are relevant in a relocation case. If you are in a situation in which relocation is an issue, you should seek the advice of an attorney quickly, as sometimes there is a short window during which the relocation is anticipated, and the courts will move a case quickly if the judge is aware that time is short.

Contact me, lawyer Gregory Hitt, for a personal consultation about your parental relocation and custody modifications. My office is located in downtown Austin, within a block of the Travis County Courthouse.