Texas Child Custody Relocation Attorney (2023)

What you need to know about Texas Child Custody Relocation Laws

A divorced parent could have many reasons for relocating with their children.

Whether it’s for a new job, moving closer to family, or looking for a fresh start after a divorce, there are plenty of reasonable motivations for relocating.

Such a move, however, typically requires both parents to be on top of their rights and responsibilities under Texas child custody laws. If you need child custody help, it’s important to consult with a child custody relocation attorney before making any ill-advised moves.

In this post, the Varghese Summersett Family Law Group will explain the Texas relocation laws and what is necessary to relocate your child.

Can I relocate my child if I have sole managing conservatorship in Texas?

In some instances, one parent is identified as the child’s sole managing conservator.
In Texas, sole managing conservatorship is essentially the same as having the sole legal decision-making for the child.

A parent with sole managing conservatorship typically has the exclusive right to make all critical decisions for the child. These decisions include deciding on the child’s primary home without any restrictions.

What does this mean? It means sole managing conservators typically don’t need permission from a Texas court or the other parent to relocate the child, regardless of whether it’s to a different state.

It’s a good practice to give proper notice of the move to the other parent.
A child custody relocation attorney can help facilitate such a move.

Can I relocate my child with a Joint Managing Conservatorship in Texas?

Joint managing conservatorships are more common in Texas, and relocation options are more complicated.
Unless there is a history of domestic violence or abuse, Texas courts are likely to grant joint managing custody to the parents.

In these arrangements, both parents share legal decision-making responsibilities for most child-related matters. And Texas law generally finds that it’s better for the child if the parents remain relatively close.

Take note: Even if the parents share joint legal custody, that doesn’t always equate to equal time with the child. One parent is often granted primary physical custody of the child.

Neither parent has the exclusive right to relocate the child in a joint managing conservatorship.

One parent’s ability to relocate the child depends on any geographic restrictions in the initial custody agreement. In Texas, many joint custody arrangements limit the primary residence of the child to one or more Texas counties.

If one parent wants to relocate the child beyond the geographic restrictions previously agreed to, they’ll need to modify the joint managing conservatorship arrangement.

The most common way to secure a modification is with a consent agreement with the other parent. However, if the other parent declines, there are other options available.

A Texas court could deny relocation if it has cause to believe the intent of the move is to interfere in the child’s relationship with the other parent.

The experienced child custody relocation attorneys at the Varghese Summersett Family Law Group will help you formulate a case to show the court that relocation is necessary and in the child’s best interests.

What if there are no court-ordered restrictions on child custody relocation?

Even if there are no court-ordered restrictions on where the child resides, a parent is still required to receive permission from the Texas court.

If a parent wants to move with the child, they are required to discuss it with the other parent.
If both agree to the move, it can happen. If the other parent objects, a hearing is required.

However, if the other parent objects to the move, they can file an application for a temporary restraining order, which prevents the move until a relocation hearing can be held.

The parent wanting to relocate the child is required to show compelling reasons for the move. A skilled child custody relocation attorney at Varghese Summersett will help strategies your options.