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Fort Worth Child Relocation Lawyer

Tarrant County child custody lawyer for modification of primary

Fort Worth Child Relocation Attorney Serving Tarrant County

When child custody orders are put in place, they will usually give one parent the right to determine where children will live most of the time. This will be true regardless of how they divide visitation time. However, while one parent may have this exclusive right to determine the residence, they may be subject to restrictions on where they can live with their children. This means that if a parent wishes to relocate to a home in a different community, they may need to receive permission to do so from a family court. In these situations, or in other cases where changes to which parent has the right to determine their children's primary residence may be necessary, it is important to work with an experienced lawyer and follow the correct legal procedures.

At Hatton & Hatton, PLLC, we understand the difficulties that parents often face when they need to address issues related to child custody, especially when they are unsure about the legal requirements they will need to meet or the procedures they will need to follow. We know that these matters can often lead to contentious disputes, especially if one or both parents are concerned about their ability to maintain relationships with their children. We can help parents determine the best approach to take in these cases, and we will work to find solutions that will provide for children's best interests going forward.

Requests for Modification of Primary

In most cases, modifications of orders related to the designation of the parent who has the right to determine children's primary residence cannot be made until at least one year has passed since the most recent child custody order was put in place by a family court. However, some exceptions may be made. Generally, requests for modification of primary that take place within one year must meet one of the following requirements:

  • The request is based on issues in the child's current situation that are likely to endanger the child's health or emotional development, such as instances of abuse or neglect.
  • The parent who currently has the right to designate the child's primary residence is seeking a modification or has consented to a modification request by the other parent.
  • The parent with the exclusive right to determine primary residence has voluntarily given up their possession of the child for at least six months (this does not apply in situations where a parent is on military deployment).

If a parent seeks a modification after one year, they will proceed in a similar manner as they would when requesting other child custody modifications. These requests may be made in situations involving parental relocation, and the parent with the right to determine children's primary residence may seek permission from the court to move to a new location outside of the geographic restrictions that were put in place in the original child custody order.

Other modification requests may be made based on a parent's belief that changing the parent with the exclusive right to choose the primary residence would better provide for children's needs related to issues such as education or community services. However, as with other types of modification requests, a parent will need to demonstrate that these changes will be in the children's best interests, and modifications will usually only be allowed if there has been a material and substantial change in circumstances for at least one of the parties involved. If children's needs are currently being met, modification requests are less likely to be granted. However, if significant changes have occurred, such as health issues that have affected the primary custodial parent's ability to address children's needs, a court may determine that a modification of primary is necessary.

Contact Our Fort Worth Parental Relocation Attorneys

If you wish to relocate with your children, or if you believe that other changes related to a parent's right to make decisions about your children's primary residence are necessary, our lawyers can advise you on how to proceed with a request for modification of primary. To arrange a complimentary consultation and learn more about how we can help address your family's legal needs, contact us today at 817-349-8120.

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