It can be tough to deal with a visitation and custody schedule where you don’t get to see your children enough. Things can get even more stressful if your ex decides to move, taking the children with them. You are not without recourse though. You can try to address an ex’s proposed relocation plans through the courts. Our Dallas County child custody lawyers can help you.

Can a Noncustodial Parent Challenge a Relocation?

Yes, the noncustodial parent can decide to challenge the custodial parent’s relocation plans if they believe that it will affect the amount of time they will get with their children. If your ex moves across the country, even for a good reason, that’s obviously going to affect your ability to see your kids. It could be impossible to stick to the current custody and visitation agreement if the custodial parent moves. This should not be something that you just accept.

What Will a Judge Consider When a Parent Has Made Relocation Plans?

The judge will evaluate this relocation plan just like they would evaluate a proposed custody and visitation plan. This means that the judge will have one clear priority: determining whether this relocation is in the best interest of the child.

This is the most important element here. If the judge does not think that moving is in the child’s best interest, they can make the parent reconsider their plans. The court can consider factors like:

  • The reason for relocating
  • The quality of schools in the new location
  • Whether there are family members in or near the new location
  • If the noncustodial parent would still be able to visit and see their children after the move

If a custodial parent cannot give a good reason and says that they simply want to move, it’s unlikely that a move of 150 miles or more would be approved by a judge. However, if the custodial parent can show that they are moving due to a job opportunity that would help measurably improve their life and the lives of their children, that could be valid.

Will Visitation Agreements Have to Change?

In cases where a move is approved, visitation schedules may have to be changed. If a noncustodial parent can no longer visit their children in accordance with the original agreement, figuring out a fair arrangement is a necessity. Maybe the kids can spend more time at the noncustodial parent’s home during summer vacation, on long weekends, or during other breaks when they would be able to travel. Plans could also be made to meet up in the middle of the two parents’ homes. We can help you figure out a situation that works for each member of your family.

Meet With Our Legal Team

If you need help modifying a custody agreement or dealing with an ex’s inability to stick to an existing accord, we may be able to help. Contact Iowa Defenders, PLLC and meet with our legal team. If we can help you stand up for your rights as a parent, we will get right to work on your case.