Relocation is a problem when your spouse or ex-spouse has custody of your child and is moving out-of-state. The move becomes a legal issue because it affects custody and visitation arrangements. You should consult with your attorney immediately if your spouse or ex-spouse says he or she is moving and also if the move has already occurred.
Your attorney can protect your rights under the Texas Family Code. Title 5 of the Texas Family Code establishes your child’s home state as the state where your child has lived for the past six months. When your child has lived in Texas for the past six months, it means Texas has jurisdiction to handle any custody dispute over the move. If you take action right before the planned move or immediately after the move, a Texas court would still be able to handle the case. If you wait six months or longer, you may have to deal with a court in the state where your spouse or ex-spouse has relocated.
Our attorneys can file a lawsuit called “Suit Affecting the Parent-Child Relationship (SAPCR), which can prevent your spouse from leaving the state until the court hears the case and decides the issue. The court can also force your spouse to come back to Texas with your child until it can rule on the issue.
Whenever problems like this arise with custody, you should discuss the matter with your divorce lawyer right away.
Our attorneys at C.E. Borman & Associates are glad to answer your questions and help protect your rights.