Co-parenting is complex and becomes even more so when one parent wants to relocate. If you are contemplating a move that involves a child, it is important to understand Texas custody relocation laws.
Failing to follow the law or take the appropriate steps when considering relocation can result in a court preventing you from relocating, as well as potential legal sanctions.
First, you typically only need to follow the legal requirements surrounding relocation when the move is a non-local move that will interrupt your custody arrangement. If you are moving up the block or to the other side of town, you generally do not need your co-parent’s permission.
However, when the move involves changing counties, states or school districts, you must usually have your co-parent’s permission to relocate or a court order allowing the relocation. Never relocate without telling your co-parent. You could find yourself in trouble with a court and potentially be forced to relocate back to your former location.
Always get a new custody agreement in writing
If your co-parent agrees to the move, your custody agreement should be rewritten to reflect any changes to your custody schedule necessary due to the move. You should file the new agreement with the court so it becomes a new court order.
Taking these steps can prevent future conflict, such as if your co-parent backs out of a verbal agreement allowing the relocation.
When your co-parent does not agree to your relocation, you must file a petition to relocate and modify your custody schedule with the court. You will be scheduled for a hearing where you will present testimony and evidence about why the proposed relocation is in your child’s best interest and show that the relocation will not substantially affect your co-parent’s rights or duties.
Relocation factors
A court considers various factors when determining whether to approve a relocation request. Some include the distance of the relocation, the child’s preference, the child’s relationships with family and friends in their current location and educational and other opportunities available in both locations.
The reason for the relocation is another factor often heavily scrutinized by a court. For example, a lucrative new job opportunity that comes with a sizeable salary increase and a chance to advance your professional career is likely to be viewed as a more valid reason for relocation than wanting to relocate to live with a new partner.
Additionally, having no concrete reason for the relocation could go against you. If you testify that you want to move to a particular city because you thought it was pretty and enjoyed the nightlife, a court may not consider that a valid enough reason for uprooting your child’s life.
The shared custody presumption
Texas law presumes that an equal or shared custody schedule is in a child’s best interest. Even if a court approves a relocation request, this presumption remains. Therefore, you must prepare yourself to compromise or give up some custodial time if your relocation request is approved.
If you and your co-parent shared custody on a weekly basis but that is now impossible because of a relocation, a court might order that your co-parent be given custody for the entire summer to keep the overall custody schedule as equal as possible.
Keep these requirements and factors in mind when considering relocation. Remember that your child’s best interest should be your priority.