Can I Move if I Have a Custody Agreement?
Child custody agreements have become more common in divorces. In the past, one parent was often granted sole or majority custody of children. As of 2022, about 25% of all divorced parents share joint custody of their children, with the number expected to keep rising. While having both parents take active roles benefits most children, joint custody can lead to logistical, scheduling, and other conflicts. This is especially true if one parent needs to make a significant move for work or another reason.
Though it may be difficult for children who have already experienced a divorce, moves are a common and often unavoidable fact of life. A part of this difficulty involves modifying custody agreements. Even if your former partner fully supports your move, modifying a custody agreement is still a legal process requiring you to file legal documentation and more. If your former partner objects to the move for any reason, it can lead to a lengthy and complex legal battle. This is why if you or a loved one are a single parent with joint custody, you must consult an experienced family law attorney before a move.
Do I Have to Modify My Custody Agreement if I’m Moving?
Depending on the details of your custody arrangement, a modification may not be necessary. Some custody agreements contain language such as “you may designate the child’s primary residence without regard to geographic location.” If this is stipulated in your custody agreement, you may not need to file for a modification.
In many instances, though, you will need to file for a modification. This is true even if your former partner completely agrees with your planned move. Child custody is a legal arrangement, and in many instances, changes to that arrangement must be done legally, even if all parties are in agreement. Generally, custody modifications must be made if you are planning on making changes to your child’s life that will impact:
- Their Primary Residence
- Their Schooling and Academic Career
- Their Access to Both Parents
This list is not exhaustive, and modifications may be required to make other changes. This is why a consultation with a family law attorney is essential if you or a loved one are planning on a move.
How Do I Modify a Custody Agreement?
To modify a custody agreement, you will need to file a petition with the court. If your former partner does not object to the move or modification, the process can be relatively easy. When two parents agree to a modification, it can be finalized “by agreement.” This is considered an uncontested decision because both parties have consented to the move and modification.
Even if your former partner does not agree to the modification but chooses not to respond or does not show up to court, the modification can be finalized “by default.” If you and your former partner are not in agreement, they may choose to challenge the modification petition. If this happens, the petition becomes contested. In the event of a contested modification petition, you will need to appear before a judge.
What Happens if my Petition for Modification is Contested?
If your former partner contests the modification/move, you will need to prove to a judge that the move is necessary. When determining child custody, the courts use the standard of “in the best interests of the child.” This standard considers children’s needs ahead of the needs or desires of adults. You will need to demonstrate in court that the move and custody modification are in your child’s best interest.
If your child or children are over the age of twelve, the court may also ask for their opinion on the case. While children’s wishes are not final or often used as a determining factor, judges will consider their perspective. If your children are older or are teenagers approaching adulthood, the court may take their perspective more seriously. This is especially true of older teenagers who may be working or applying to colleges and who may be more significantly impacted by a big change.
The judge will consider any evidence you can present that the move is in the child’s best interests. Evidence can include but is not necessarily limited to demonstrating the move will improve the child’s standard of living, that it will give them access to good schooling, that any job benefits you may receive will also benefit your child, and more. Demonstrating that a move will have minimal or no impact on your child’s relationship with their other parent may also be vital.
What Happens if the Judge Rejects Modification?
Depending on the circumstances, a judge may rule that a modification is not in the child’s best interests. If this happens, they may reject your petition. If your petition is denied, you may need to appeal.
If you appeal, you must demonstrate that a legal error occurred. You cannot appeal a decision simply on the grounds that you disagree with it or do not like it. Grounds for appeal include, but are not limited to: if the court made a decision that violated Texas family law; if the judge’s decision was capricious, arbitrary, or made in opposition to evidence presented to the court; if your legal counsel provided poor, inaccurate, or damaging advice; and more.
Remember that an appeal is not an opportunity to argue your case again or receive the modification you hoped for. An appeal is meant to determine if the judge made a proper decision. Also, keep in mind that if a judge rules in your favor, your former partner also has the opportunity to appeal. This is why consulting one of our experienced family law attorneys is vital for anyone considering a modification to child custody.
What Should I Do if I’m a Single Parent Who Needs to Modify a Custody Agreement?
Moving can be a major positive change. It opens up doors to new professional, academic, and social opportunities. However, moving while attempting to co-parent can be challenging. This is especially true if a move potentially impacts a custody agreement. If you or a loved one are a single parent facing a move, don’t hesitate to contact one of our compassionate and dedicated family attorneys at West & West, Greer & Estorga.
Our team of attorneys knows how challenging a move as a single parent can be. We work with every client to make the modification petition process as smooth and efficient as possible. It’s our goal to handle any challenges or hurdles that may arise so our clients can focus on being excellent parents and taking care of the significant changes they’re facing. We like to see our clients off to new, exciting futures with their children by their side. If you or a loved one are moving and need to modify a custody agreement, you’re not alone- call the attorneys of West & West, Greer & Estorga today at 210-598-6482. We’re on your side.
