Protecting Your Family's Future

Can I Stop My Spouse From Moving Away With Our Child After Our Divorce?

In the best of all possible worlds, the two parents would realize it’s in the best interest of the child for the parents to live near to one another. This would provide a minimal amount of dislocation as the child transitions from his two homes. However, modern life is not all that simple.

Sometimes a spouse remarries and the new partner is living in another state. Sometimes the ex has a great job or educational opportunity, or extended family to help support the family, but in another state, or even country.

How do you, as the other noncustodial parent, stop the spouse from moving away with your child? The bottom line is that your child’s parent must obtain legal agreement in order to move to another state. This is called relocation. And if your child’s other parent does move without getting a legal agreement, including your agreement, then this could be cause for a reopening of the custody issue altogether.

Judges will only grant relocation with good reason, such as the ones listed above. However, they also take into account whether the move will inhibit the ability of you and your child to continue to have a strong parent-child bond. Family law courts these days believe that both parents can play an integral role in the parenting of the child and that it is in the best interest of the child to have both parents actively n the picture, unless one parent is deemed legally unfit.

With the advent of technology like Skype and other virtual means of communication, parenting from a distance has become, well, let’s say, easier than, say, even 10 years ago. There are ways for you to continue to be actively involved in your child’s life even if they are far away physically. It’s not ideal, but it still allows for you to connect.

Family law judges will look at issues that include how much time you spend with the child now, whether you are involved on a day-to-day basis with your child, whether the other parent can manage to help pay for costs of travel so that your child can still be actively parented by you, and whether such a move will make it a financial hardship for you to ever be with your child.

If the parent is moving away because they don’t want you to parent the child, this is not a reason. Indeed, this may potentially be a cause for the other spouse to seek a custody modification because parenting in a way that seeks to drive a wedge between a child and the other parent is not in keeping with the best interests of the child.

Questions About A Spouse Moving Away With Your Child? Custody, Divorce, and Family Law Attorney, Baytown,Texas

Stewart Law, PLLC, located in Baytown, Texas, provides legal counsel to parents involved in relocation issues, child support and custody matters, divorce, and other family law cases. If you have questions about how to stop your ex from moving away with your child, or other custody, divorce, or family law matters, we can give you advice that will help you decide how to proceed. For an initial assessment and consultation, contact our family law firm online or call our office at (281) 420-8020, at a reduced fee of $50.

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Stewart Law PLLC