What Dads Should Know about Custody Relocation

Child possession laws can be complicated. Constant changes to laws make it even more difficult to understand what is and is not allowed. However, laws exist to protect citizens. When it comes to child custody laws, the laws are made to protect the child. If one parent would like to move the child, the other has the right to question that move, to protect their relationship with the child and how it affects the child's overall wellbeing

A child's home is determined by the parent selected by the court to be primary custodian. Often, the court outlines a geographical area where the parent given custody and the child can live. It can be a particular state, county, or city, depending on the situation. Whichever it is, the custodian is free to move within that area, but not outside of it.

Child possession laws are fashioned this way to ensure that both parents have access to the child. It is generally believed by the court that a child benefits from a relationship with both parents. The best way to do that is to visit and spend time regularly. These ideas form the basis of what is outlined in a custody agreement.

When considering whether to allow a move, a judge will review whether any vindictive reasons are involved in the decision to move or if it is for a good opportunity, the effect of the move on the child and all of their current relationships, and how the needs of the child are being met or would be better met by moving. Child possession laws are created to keep the welfare of the child at the top of the list. If a court agrees to allow a parent to move to a location outside of the area described in the custody agreement, then all costs associated with the move are the responsibility of the parent doing the moving, unless a judge rules otherwise.

If a child is moved in violation of the geographical restrictions placed in the custody agreement, then that parent could be found in contempt of court and subject to a number of punishments. The other parent can request assistance through legal channels to return the child to the correct area and the custody agreement could be revisited for changes.

A non-custodial parent has the right to oppose any move out of the specified area in the custody agreement and should take immediate action if they believe a move is being planned without the proper arrangements. A family law attorney will know the specifics of the child possession laws needed to protect their interests and avoid pitfalls.

If you are interested in learning more about child possession laws in the Houston or Dallas area, click here!