Relocation of the Custodial Parent

What if the Custodial Parent Wants to Move?

Texas law encourages parents to have equal access to their children. Family law court orders concerning child custody often require the custodial parent to live in a specific geographical area, generally, the county where the children currently reside or even possibly the adjoining counties. Additionally, the custodial parent must allow the non-custodial parent maximum visitation time with the children. Custodial parents who need to move out of the designated area must give the non-custodial parent at least 60 days’ written notice of the move and petition the court for permission. If the non-custodial parent does not object to the move, the parents need to file a document with the court stating they both agree to move the child and outlining how visitation will be conducted. If the non-custodial parent objects to the move, the court will have a hearing where both sides present evidence to support why the move should or should not be allowed. The parent who wants to relocate must show there has been a “material and substantial change in circumstances” since the prior order, and there are compelling reasons for the move. Compelling reasons may include relocation for a job or being closer to other family members that can help care for and support the children.

The Court Will Consider, Among Other Things:

• The compelling circumstances for the relocation;
• How disruptive the move will be for the children; and
• What influence the relocation will have on the children’s education, extra-curricular activities, relationship with other siblings, step-siblings, or grandparents.

The court bases its decision on what is in the best interest of the children. If the court believes the custodial parent wants to move to disrupt the relationship with the non-custodial parent, the court will deny the request to move. If you are a custodial parent who needs to relocate, or a non-custodial parent who objects to the relocation of the custodial parent, family law attorneys experienced in custody issues can help. You can schedule a call today to speak with someone from our team.