Texas parents who are going through a divorce will often find that one of the most difficult issues to resolve is that of child custody and visitation. In many cases, they will be able to negotiate a parenting plan that will obtain the approval of the court. These plans often contain provisions spelling out the visitation rights of the noncustodial parent.
It is not uncommon for the custodial parent to subsequently want to relocate to a different portion of the state or even to another part of the country. This can happen in the case of a job offer or when the custodial parent wants to move closer to other family members. In many instances, this will substantially impact the non-custodial parent's visitation opportunities, and thus a court may be asked to approve the request.
Courts will take the best interests of the child into account when making these types of decisions. If the noncustodial parent has been spending little or no time being involved in the child's activities, it will be difficult to successfully oppose such a request. However, it may in some cases be possible to have the request for relocation denied if it would significantly and adversely affect the opportunity of the child to be with a noncustodial parent who has been an important and active part of the child's life.
Those noncustodial parents who are facing this type of a situation may benefit by obtaining the advice of an attorney who has experience in child custody disputes. An attorney may be able to obtain evidence from a variety of sources that the parent has been a big part of the child's daily life since the divorce in order to oppose the modification request.