Modifications and Child Relocation
Proficient Child Relocation Attorney - Houston, Texas
Your divorce decree is not carved into a stone tablet, unchangeable if circumstances
change. Child support calculations may be increased or decreased, spousal maintenance
may be lowered or raised or cancelled, visitation rights may be revoked or extended,
and child custody agreements may also be modified. Sometimes these modifications
involve a fairly basic calculation based on one party's changed financial circumstances.
Other modifications require a complicated set of legal arguments, particularly when
the custodial parent wants to relocate the child out of state even
though the divorce decree prohibits such a move.
At Von Blon & Associates, in Houston, Texas, we have handled simple and complex
modifications since 1992. After we review your divorce decree and get some basic
information about the modifications sought by you or your former spouse, we should
be able to give you a clear picture of the time and money required to complete (or
fight) the change. For a consultation with an experienced lawyer, please contact our offices today.
Child Relocation: The Custodial Parent's Ability to Move a Child Out of
State
Texas law encourages co-parenting, which means in part that almost every court will
limit the custodial parent's ability to move out of state with the child. In
the court's view, taking the child out of state unfairly restricts the noncustodial
parent's ability to be a part of the child's upbringing. However, job opportunities,
family responsibilities or military service obligations may arise that make a move
across country - or even to another country - necessary or practical.
If the original decree prohibits the custodial parent from moving out of state,
then the parent violates the law if he or she simply picks up and moves with the
child without first applying to the court for a modification of the divorce decree.
In determining whether to allow the custodial parent to move out of state with the
child, the court does not consider the best interests of the parent. The court -
as always in family law matters - looks at how the move will positively or negatively
affect the child. Based on attorney Michael P. Von Blon's years of experience
litigating these matters in Texas courts, we know that some of the questions the
court is likely to ask include:
- Has the non-custodial parent been active in the child's life (i.e., exercising
all visitation rights/attending extracurricular events)?
- Will the child be closer to extended family like grandparents as
a result of the move? Will the extended family be able to help with child care?
- Will the parent's new job only result in increased financial opportunities
for the custodial parent, or will it provide increased financial opportunities also
for the child? Or, will the parent's new job mean less time spent commuting
and more parenting time?
- How will the noncustodial parent exercise visitation rights with the child?
Does the noncustodial parent have enough financial resources to travel to the child
or pay for the child's travel? Are creative visitation solutions involving web
cameras and other Internet technologies reliably available?
- Has the noncustodial parent exercised all the visitation rights and responsibilities
set forth in the divorce decree up until this point?
- How long has the child lived in the current location? Where are most of the child's
current ties to friends and families - here or elsewhere?
Effective, Efficient Assistance with Child Relocation Disputes
Michael P. Von Blon, of Von
Blon & Associates, has been a board-certified family law specialist
since 1991. He and his staff are available to answer your questions regarding child
relocation or other family law matters. We can be reached by telephone at 713-681-5288
or by e-mail.
MICHAEL P. VON BLON & ASSOCIATES
Board Certified - Family Law - Texas Bar Board of Legal Specialization
