When a child’s parents are divorced or in the process of divorce, custody becomes a serious problem. One of the most controversial situations is when the guardian parent wants to move with the child to another state. Ultimately, the decision will be made by the judge. The custodial parent has sole custody does not mean that they can leave without court permission. A child custody attorney is a family attorney who specializes in solving problems and issues related to the children of a married couple going through a difficult marriage. Typically, this type of Houston child custody attorneys is required to mediate or advise when both parents conflict custody of their children.
The first thing a custodial parent needs to do is file a petition.
This notifies the court that they want to move out of the state with the child. The petition should be made as soon as possible, as it may take some time, especially if the other parent disputes the petition. Generally, any move out of state is prohibited until a court permit is obtained. In some cases, the non custodial non custodial parent will agree to the move. If this is the case, the judge will most likely immediately sign an order authorizing the child’s eviction from the state. If the move is contested, the referee will spend more time making sure that any decision is in the child’s best interests.
The “best interests of the child” are different in each case. There is no set rule, but rather a set of guidelines that judges must follow in these cases. For example, the judge will consider how the move will affect the child and the guardian parent. In other words, they will see if the move will improve their quality of life. If a reasonable visitation plan can be devised, the judge will likely authorize expulsion. For example, a child may visit a non custodial non custodial parent throughout the summer if visits are not available during the school year.
If a parent wants to temporarily take their child out of the state, for example, on vacation, the exclusion rules usually do not apply. Instead, the parent may have to provide the other parent or their attorney with information about where they are going, how they can be contacted, and when they will return. Another situation where the removal rules do not apply is when parents want to move with their child to another city in the same state. This is generally permitted unless the parents have signed a separate agreement.
In summary
If the child’s parents are not married and the child lives with the mother, it may be difficult for the father to avoid relocation to another state. However, the father can usually appeal the petition after first going to court to establish paternity.
