Going through a divorce is tough enough mentally and emotionally, let alone financially as well as contractually. If you are currently in the process of getting divorced in Texas, and you have children with your soon-to-be ex-spouse, it is important to consider custody solutions as well as parental rights you both agree to with one another. If you are considering moving out of state, there are a few issues to keep in mind to prevent delays and problems from arising once you finalize your decision.
The burden of proof is on the moving parent or guardian
Regardless of where you currently live, the burden of proof in order to relocate children during divorce proceedings is on the parent or guardian who is interested in moving.
Whenever child custody is involved, the parent or guardian who is looking to remove the child from his or her current state of residence is required to provide proof that the child will be better suited in another location.
In many child custody cases in which a parent or guardian is looking to relocate their children, the children are likely to be kept from their other parent or cut off from him or her entirely.
Joint custody agreements
One scenario that helps ease the process of relocating to another state, even when there are children involved, is coming to a joint agreement with your ex-spouse.
Whenever you are filing for custody of your children, or you are thinking of making a move, but you have children, it is highly advisable to work alongside a law firm that truly understands the process. With the right legal team, you can determine whether relocation or a new child custody agreement entirely is optimal for your outlook and future.