Houston Relocation Lawyer
If you are a divorced parent dealing with the relocation of your child, the family lawyers from Holmes, Diggs & Sadler can help you. Whether you are a parent seeking to relocate yourself and your child, or you are a parent who is trying to prevent the relocation of your child by your ex, we can help you with your case.
Following a divorce in Texas, a custody decision will be made regarding the physical custody of any children from the marriage. The ensuing court order will serve as a legally binding document which provides guidelines and restrictions on the degree of influence each parent can have on the manner in which their children are raised. A major move outside of the current county or metropolitan area constitutes a marked disruption to the lives of both parents and the child and may violate the rights of the non-custodial parent whose access to their child will be significantly diminished.
At Holmes, Diggs & Sadler, our legal team is dedicated to protecting the rights and interests of our clients and will work diligently to help ensure that your interests are represented in court. To learn more about how your divorce agreements affect you or your ex’s right to move your children, call our Houston relocation attorneys today at (713) 802-1777.
Why You Need a Lawyer
When facing a relocation case, the stakes are very high. Making sure that you have the best legal team backing you could be the factor that prevents you from having to drive hours away to see your children. Relocation cases are obviously extremely sensitive, and there are many things the court must consider when making a decision. Ultimately, as it is with custody cases, the court will make a decision based on what is best for the child. You will want to be fully prepared to argue your case and explain your position, and this can best be achieved through using the advice and resources of a lawyer who is well-versed in dealing with child relocation cases. You don’t want to leave this all-important decision up to a court without being fully confident in your ability to argue your case. One misstep could mean a huge change in how easily you are able to see your child.
Why Choose Us?
Holmes, Diggs & Sadler is one of the leading family law firms in Texas. We have more than 90 years of combined experience helping our neighbors in Houston with issues such as divorce, child custody, adoption, and more. To ensure we can provide the highest quality legal representation, two of our attorneys are Board-Certified experts in Family Law, a distinction held by very few attorneys across the country.
At Holmes, Diggs & Sadler, we are skilled in both mediation and litigation. Though mediation is often our clients’ preferred manner for handling family law issues, our managing partner Cindy Diggs is also a Board-Certified expert in Civil Trial Law, meaning she specializes in taking difficult claims to the courts when necessary. Many people come to us after other lawyers have mishandled their cases, because we are prepared to handle even the most difficult of cases.
We use our skills, expertise, and experience to get results for our clients. We have been awarded for our success innumerable times. We currently hold a perfect 10 rating on Avvo and an AV-Preeminent Rating with Martindale-Hubbell, the highest possible rating. We were top listed by Best Lawyers, ranked among Houston’s Top Lawyers, and named in the Top Attorney’s list by Texas Monthly. Cindy Diggs specifically has been named a Super Lawyer every year since 2009.
For expert lawyers you can trust, choose Holmes, Diggs & Sadler.
Legitimate Reasons for Relocation
The majority of divorce orders include prohibitions on changing the residence of the child from a specified location. When a joint decision is made between the two parents, this order can be amended, but the most common causes for legal concern are when the custodial parent wishes to move the child without the other parent’s consent. Except in extenuating circumstances, such as drug abuse or physical violence, a judge will need to be convinced that there are compelling reasons for the move. The following are two examples of legitimate concerns which may justify relocation:
- Job relocation when comparable work is not available locally
- Moving to be nearer to family who will help to support the children
Moving as a means to interfere with the relationship between a child and parent is never a compelling reason, and if the court suspects this motivation, they will disallow the move.
If you are a parent who is trying to relocate your children and you have a legitimate reason for doing so, we can help you present your case to the court. Additionally, if your child is in danger of being relocated without your consent, you have the right to prevent this from happening. Your ex should never be allowed to put a strain on your relationship with your child out of spite, and we will do what we can to protect you and your child from an unideal situation. Whatever your situation, Holmes, Diggs & Sadler will represent you reliably and efficiently, giving you the best opportunity to settle your case as amicably as possible.
Frequently Asked Questions
Relocation after divorce is a tricky topic. We have listed the answers to some common questions below, but if you have any specific questions about your case, do not hesitate to contact us.
How does relocation affect visitation rights?
If the parent with primary custody of the child moves more than one hundred miles away from the other parent, long-distance visitation rights may be imposed. Long-distance visitation arrangements usually stipulate that the custodial parent has to pick up the child after the child’s visit with the non-custodial parent or pay for the child’s travel arrangements. If the child is less than five years old, they would also have to pay for the noncustodial parent to travel with the child.
Can my ex move away with my child?
While going through a divorce, most people come to an agreement about geographical limitations on how far away their child can live from each parent. The parent who wishes to alter this agreement must take their case to court, and it can be contested by the non-custodial parent. Even if this is not the case, and no geographical agreement was reached in court during the divorce, a parent can object to the relocation of their child by filing a motion against it and obtaining a restraining order to prevent the move while the case goes to court. A parent cannot move a child away from another parent without their consent.
Can I move out of the country with my child?
Moving out of the state or out of the country while holding custody of a child of divorced parents can be very complicated. The custodial parent still has to have a valid reason in the eyes of the court for moving away, but because it’s not an easy travelable distance, custody may still be renegotiated when the case goes to court. The custodial parent will not be able to leave with the child if the court suspects them of leaving to inhibit the child’s relationship with the other parent.
We understand that you have questions about your options when facing a child relocation case, and you might even be worried about the possibility of losing custody or visitation. We want to set your mind at ease by providing you with excellent legal representation that will get you results. Don’t hesitate to reach out for the help you need.
If you are attempting to move your family to a new location and are experiencing resistance from the child’s other parent, or if your ex is attempting to interfere with your relationship with your child by moving their residence, an experienced Houston divorce lawyer at Holmes, Diggs & Sadler can work with you to do everything possible to protect your rights and interests. Call us today at (713) 802-1777 to schedule a consultation to discuss the details of your case.