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San Antonio Child Relocation Attorney
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Protecting Your Family's Future
Moving a child across state lines after a divorce or separation presents unique legal and emotional challenges. Lishman Law provides skilled and compassionate guidance to help you overcome these challenges and protect your family's best interests, whether you're seeking to relocate or opposing a proposed move.
We understand the sensitive nature of these cases and are committed to finding solutions that prioritize your child's well-being.
What Is Child Relocation, and When Does It Occur?
Child relocation happens when a parent with the legal right to determine the child's primary residence intends to move the child a significant distance, or even to a different state or country. Such a move can impose substantial obstacles on the other parent's ability to maintain regular contact and exercise their parental rights as outlined in the existing court order.
Common reasons for relocation include military or government service, pursuing new job opportunities that aren’t available locally, getting married and moving to the spouse's location, or wishing to be closer to family support networks that can assist with childcare and other needs.
Understanding Texas Laws on Child Relocation
Texas law recognizes the fundamental importance of both parents being actively involved in a child's life, even after a divorce or separation. To uphold this principle, a parent who wants to move their child to another state generally needs to obtain explicit permission from the other parent, ideally through a written agreement.
If the other parent doesn’t consent to the move, the relocating parent must seek and obtain a formal court order authorizing the relocation before taking any further action. Moving a child across state lines without proper authorization can have serious legal consequences, potentially leading to a modification of custody or visitation orders, and even contempt.
Key Factors Texas Courts Consider in Child Relocation Cases
When making decisions about interstate child relocation, Texas courts focus on one paramount principle: the child's best interests. To determine what’s truly best for a child, courts carefully consider a variety of factors, including:
The Child's Relationship with Each Parent
The court will assess the strength and stability of the child's bond with both parents, considering the quality of their interactions and the level of involvement each parent has in the child's life.
The Reasons for the Proposed Move
The court will carefully examine the relocating parent's motivations for the move, evaluating whether the move is genuinely in the child's best interests or primarily driven by the parent's personal desires.
The Potential Impact of the Move on the Child's Well-Being
The court will weigh the potential impact of the relocation on the child's physical, emotional, educational, and social well-being, considering whether the move will provide the child with a more stable and supportive environment.
The Ability of the Relocating Parent to Maintain Contact with the Other Parent
The court will assess the relocating parent's willingness and ability to ensure that the child stays in regular contact with the non-relocating parent, including facilitating phone calls, video conferences, and visitation.
Lishman Law can help you find a solution. Contact us today for a free consultation.
Objecting to a Proposed Child Relocation
If the other parent is planning to move your child to another state without your consent, you have the right to object and ask the court to prevent the move. To do so, you must file a formal response with the court outlining your reasons for opposing the relocation and presenting evidence to support your claims that the move wouldn’t be in the child's best interests.
Schedule a free consultation with Lishman Law, PLLC.
Getting Permission to Relocate Your Child Across State Lines
If you’re considering moving to another state with your child, it's crucial to follow the proper legal procedures to safeguard your parental rights and ensure a smooth transition for your family.
The first step is to attempt to obtain the other parent's written consent to the relocation. If the other parent agrees to the move, you can file a joint agreement with the court outlining the new custody and visitation arrangements.
If the other parent does not consent to the relocation, it may be necessary to file a Suit Affecting the Parent-Child Relationship (SAPCR) with the court seeking permission to move with your child. You’ll need to present compelling evidence demonstrating that the relocation is in the child's best interests.
Why Choose Lishman Law for Your Child Relocation Case?
The skilled family law attorneys at Lishman Law are committed to providing compassionate and effective legal representation to those dealing with interstate child relocation issues. Here are some of the advantages we offer our clients:
Experienced Guidance
We have a deep understanding of Texas laws regarding interstate child relocation and a proven track record of successfully representing clients on both sides of these complex cases.
Strategic Advocacy
Our team will develop a tailored legal strategy that’s specifically designed to achieve your goals, whether you’re looking to relocate with your child or are intent on opposing a planned move.
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Steadfast Support
We understand the emotional toll that child relocation disputes can take on families. We’re here to extend the trustworthy guidance and support you need as you navigate the legal process.
What Our Clients Say
Our Team
Sarah Anne Lishman was born and raised in San Antonio, Texas, where she graduated with honors from Communications Arts High School. She earned a bachelor’s degree from Eastern New Mexico University in 2005, majoring in History and minoring in English. After obtaining her undergraduate degree, she returned to San Antonio and attended St. Mary’s University School of Law.
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Areas We Serve
Lishman Law proudly provides legal services related to child relocation to clients throughout San Antonio and surrounding communities in Texas. We’re dedicated to serving the diverse needs of families and individuals across a wide geographic region.
- Bexar County
- San Antonio
- Leon Valley
- Universal City
- Live Oak
- Converse
- Guadalupe County
- Seguin
- New Braunfels
- Cibolo
- Staples
- Schertz
- Kendall County
- Boerne
- Kendalia
- Fair Oaks Ranch
- Bergheim
- Comfort
- Atascosa County
- Pleasanton
- Poteet
- Jourdanton
- Lytle
- Charlotte
- Comal County
- Bulverde
- Spring Branch
- Canyon Lake
- Medina County
- Hondo
- Natalia
- Devine
- LaCoste
- Castroville
- Wilson County
- Floresville
- Sutherland Springs
- La Vernia
- Poth
- Stockdale
- Kerr County
- Kerrville
- Center Point
- Ingram
- Mountain Home
- Hunt
- Gillespie County
- Fredericksburg
- Luckenbach
- Harper
- Doss
- Stonewall
- Bandera County
- Bandera
- Lakehills
- Pipe Creek
FAQ
It depends. A restraining order can impact a relocation case, but it doesn't automatically prevent the other parent from moving with the child unless specified in the order. The court will consider the reasons for the restraining order, the nature of the restrictions it imposes, and the potential impact of the relocation on the child's safety and well-being. Like all cases involving children, the primary consideration of the court is what is in the child’s best interest.
The family law attorneys at Lishman Law can offer more information about how a restraining order might affect your relocation case.
If the other parent is violating the court-ordered visitation schedule, you have legal options to enforce your rights. This may involve filing a motion with the court to enforce the visitation order, seeking sanctions against the other parent, or even requesting a modification of the custody arrangement. We can help you take appropriate legal action to protect your visitation rights.
The court has the authority to assign responsibility for travel expenses associated with visitation in a relocation case. Depending on the circumstances, a judge might order one or both parents to contribute to the costs of transportation, lodging, and other related expenses.
Our team can help you negotiate a fair allocation of travel expenses and present evidence to the court to support your request.
Parental alienation is a serious concern in relocation cases. If you believe the other parent is actively trying to undermine your relationship with your child, it's important to document their actions and seek legal assistance. Lishman Law can help you address potential parental alienation and take steps to protect your relationship with your child.
A major change in circumstances, such as the loss of a job, can be grounds for seeking a modification of the custody order. If the relocation is no longer serving the child's best interests due to the change of circumstances, our attorneys can help you file a motion with the court to request that the child be returned.
Working Toward a Brighter Future for Your Family
When a proposed relocation causes disputes with the other parent, Lishman Law is here to help you find a fair resolution. Schedule a free, no-obligation consultation today to get the legal assistance you need.