If you are a divorced parent in Texas with joint conservatorship of your child who lives with you, in most cases your custody agreement contains an order that you must reside locally so both parents have access to the child and can co-parent successfully.
Should you want or need to move, if will be necessary for you to discuss such plans with your child custody lawyer.
You cannot relocate without addressing the issue with the other parent and filing for a legal modification to the child custody order.
Where Must Children Reside According to the Custody Order?
Texas is a joint conservatorship state, meaning the family court prefers to award joint conservatorship so both parents can continue to raise their child even though primary residence is with one parent.
Lawyers who handle child custody modifications understand that co-parenting has proven to be highly beneficial for children of divorce, so it’s essential that both parents live close together to make co-parenting possible.
Custody orders may state how far from the other parent the child must live to ensure both parents have access or may not restrict distance at all.
Even without distance limitations, the child must always remain within the state of Texas.
What Happens If You Have to Move Out of State?
Should you want or need to move out of Texas, child custody lawyers stress that you must first discuss your intentions with the child’s other parent who must agree to the move.
You can discuss an alternate parenting arrangement that addresses things like holidays, school break visits, and all other aspects of parenting and how they will continue once you have moved.
Then you must file for child custody modifications to the original court-approved parenting order.
Once your custody order has been approved and granted, you can then move with your child out of Texas.
What If The Other Parent Refuses to Give Consent?
As child custody modification lawyers sometimes see, a parent may run into problems if the other parent refuses to give their consent to the out-of-state relocation of their child.
In these cases, you must work with child custody lawyers who can file to appeal the custody order so you will get a hearing to bring the potential change before the court.
Depending on your reason for wanting to move and the other parent’s reasons for refusing to agree, the court can either give or deny permission.
If you need to move for a job or some situation that will improve your child’s life, modifications to the court order may be granted.
On the other hand, if there is any question over the child's care or other concerns for his or her safety or upbringing, it may not be granted.
Child Custody And Moving
Whether the child’s other parent is in agreement with the move or not, child custody lawyers stress that you should not attempt to move your child out of Texas without first seeking a modification to your custody order.
If you ignore this step and relocate your child out of Texas without legal permission, severe repercussions could follow.
Be a smart parent and talk to your lawyer about any moving plans first and always proceed through the required legal channels!
Foreman Family Law
309 North Washington Avenue, Suite 12
Bryan TX 77803