Perhaps the most difficult cases for family law judges to hear are those that concern plans of one parent moving away with the children. The plans of the parent to move away with the children will especially complicate circumstances for the non-custodial parent. These parents may find it much more difficult to participate with the children on a daily basis.
In Texas as anywhere else, we have large number of people moving to and from the state. This reflects a nationwide trend moving toward a more mobile population in part because of the economy that we have in place.
It probably would not surprise anyone that these types of arrangements often result in disagreements. Deciding where the child should go concerning holidays and vacations can be problematic - especially when we are speaking of extremely young children.
When parents do move there are a large number of custody and visitation questions that will require delicate handling by the lawyers involved. While lawyers will wish to be advocates for the parent they represent, they will also need to be advocates for the child. This means taking into account what is in the best interest of the child.
Family law lawyers need to demonstrate as to what actions can be taken that will promote stability for the child. When making determinations as to whether a move could prove disruptive, courts will look at the relationship of both parents with the child, analyze the reasons for a move and take into consideration the age of the child. Ultimately the child's wishes as to a move could prove to be important as well.
In any case, legal guidance from an attorney can often prove beneficial for all parties involved.
Source: Source: The Huffington Post, "In the Child's Best Interest: What It Means in Move-Away Cases," Lisa Helfend Meyer, Feb. 12, 2014