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So I have done a lot of work on parental relocation. The trend that we’re seeing in these counties that I practice in is jury trials. Juries tend to be more likely to let someone move than the judges there’s almost a presumption in some of the family law courts that the domicile will be limited. And that doesn’t mean you can’t move. You can move but the children have to stay here. And so in order to get that lifted you have to put on a pretty good case. And so there’s a lot of factors the court can consider.
One of the main ones is is the other person even exercising their visitation. Why are you trying to keep somebody here when you don’t even visit the children that doesn’t make sense? If somebody’s not really stepping up to the plate financially and you have an opportunity to financially provide for the children in a better place. A lot of times, what we have is relocation based on family. There’s extended family in another area and there’s no family here. Sometimes a spouse will bring a partner to Texas and without the intention of staying here and then follow divorce and now is that fair that the other person is stuck here, I don’t know, that’s something for the judge to decide or jury to decide.
Dallas, TX family law attorney Lisa E. McKnight talks about what happens if someone has to relocate due to their job and what it means for their child custody situation.