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San Antonio Parental Relocation Attorney

San Antonio parental relocation lawyer

How does Relocation Affect Custody and Visitation Rights?

There are a variety of reasons why families may decide to pack up and move to another city or state. Parents may choose to move in order to pursue job opportunities, or a family may want to live closer to extended family members. Military service is another common reason for relocating. Texas has long been a proud supporter of the United States Armed Forces. With Lackland AFB, Fort Sam Houston, and other military installations in and around San Antonio, military relocation and deployment are a part of everyday life for many families. While moving may be a relatively straightforward process in situations where parents are happily married, issues related to relocation can become more complicated in cases where parents are divorced or where unmarried parents share custody of their children.

Children deserve to have strong relationships with their parents, and these relationships should not be negatively affected by a parent's choice to move to a new home. If a parent's plans to relocate will require a modification of child custody, they will need to request permission to relocate in family court. In some cases, the other parent may object to a relocation request, and parents may disagree about how a child custody and/or visitation should be modified. Brandon Wong & Associates is a family law firm that is well-equipped to help a parent plan for a potential parental relocation and resolve any disputes that may arise. With our experience practicing family law in Texas, we understand the nuances of the laws that affect these situations, and we can help parents determine the best ways to protect their children's best interests and reach workable agreements in these matters.

Geographic Restrictions in a Child Custody Order

When a child custody order is issued in a divorce or family law case, one parent will typically be given the exclusive right to decide where children will primarily reside. Even if parents will share equal or near-equal amounts of time with their children, granting this right to one parent will ensure that children will have a permanent home for school registration and other purposes. However, child custody and visitation orders may also include a geographic restriction. These terms will set limitations on where a parent may live with their children, ensuring that they will remain close to the other parent and providing that parent with the opportunity to have regular visitation time with the children.

Custody and visitation agreements can be creative. They should not be too restrictive or too broad, and when properly drafted, they will protect the parental rights of both parents while also providing for the best interests of the children. In cases where parents live far apart from each other, arrangements may be made for long-distance visitation, ensuring that a parent will have regular contact and be closely involved in their children's lives.

Protecting Parental Rights in Relocation Cases

Neither parent can unilaterally decide to modify a child custody or visitation agreement by moving with their children. Parents are generally free to move within the areas allowed by geographic restrictions. However, if a parent plans to move with their children to a location outside of the geographic restriction, they will be required to seek permission before relocating. In these cases, they will need to demonstrate that the move will be in the best interests of the children. If the other parent objects, the court may consider multiple factors when determining whether to grant or deny the relocation request, including the educational opportunities available to children at both locations, their proximity to extended family members, and whether modifications to child custody and visitation will allow them to maintain a close and continuing relationship with both parents.

Contact Our Bexar County Parental Relocation Attorneys

If you are planning to move with your children, or if the other parent has made a request to relocate, our lawyers can help you navigate this situation effectively. We will provide you with proactive advice about the steps you can take to protect your rights. If necessary, we can help you obtain a temporary restraining order in cases where a parent attempts to relocate with children without receiving permission from the court. Schedule an initial consultation with a lawyer by calling our office at 210-201-3832 or completing a confidential form online.

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