CHILD CUSTODY MODIFICATION
Sometimes, employment or other unforseen situations require parents to relocate, possibly to another state or county. In these cases and if there is a geographic restriction in the underlying order, you and the other parent will need to reach some form of written agreement. If you are not able to reach an agreement, a motion to modify custody will have to be filed with the court. If you find that you are in this position, it may benefit you to consult the family law attorneys at the Law Offices of Diane St. Yves. We’ve handled numerous child custody modifications and are here to answer questions you may have about your case.
We can help you determine if your request for relocation will be granted by the court based on your child custody ruling. Call 281-501-1558 to schedule a confidential initial consultation or fill in our contact form on this page.
- the distance
- the relationship between the noncustodial parent and the child
- the nature/frequency of contact with the noncustodial parent
- the moves impact on the frequency and quality of the child’s future contact with the noncustodial parent
- the motive for the relocation
- the motive for opposing the relocation
- the possibility of preserving the relationship between the noncustodial parent and the child through suitable visitation arrangements
- the proximity, availability, and safety of travel arrangements
Once a court has determined that your case passes the “material and substantial” change test, it will consider a modification of child custody. The court must then determine what is in the best interest of your child.
Some of the factors the court will consider include:
- • your child’s age, community ties, health and educational needs
- • will the child’s life be economically, emotionally, or educationally enhanced
- • a comparison of the quality of lifestyle
- • the impact of any hostility between you and the other parent
- • the effect of the move on extended family relationships
- • the child’s preferences
The court can then make a determination regarding custody and geographic limitation, if any, on your child’s residence, and/or visitation.
If you have concerns about how modification and relocation will effect your child custody, we invite you contact our family law attorneys at the Law Office of Diane St. Yves today at 281-501-1558 to schedule a consultation or use the contact form on this page.