Texas Child Relocation Laws

Life is always changing and doesn’t pause when we have children or choose to get a divorce. In fact, after a divorce, many individuals want to start over again, sometimes in a new setting. Moving to a new area or out of the state of Texas, even when sharing custody of a child, is more common than you may think. However, there are several misconceptions surrounding child relocation and moving to a new town or city while custody arrangements are in place.

Many believe that relocation is either legally impossible or bound to create insurmountable conflict with the person they co-parent with, but this isn’t necessarily true. The process, while requiring careful emotional and legal considerations, is feasible and sometimes necessary for various personal and professional reasons. Sometimes a parent will receive a new promising job offer that requires them to move and start new, or a refreshing start in a new environment is just what’s needed in their life at the time. Understanding the realities and requirements of child relocation can help dispel myths and make sure that individuals follow the legal requirements.

Eric M. Willie, a dedicated child custody attorney in Austin, is always here to answer any questions you have about moving while having a custody arrangement with an ex-spouse. He is committed to helping his community by providing information about child relocation so that parents can make the best decisions for themselves and their children. Eric understands the complexities of child custody and relocation, and he’s always available to help guide you through the process with clarity and compassion. Knowing about the child relocation rules and processes in Texas is important, and Eric M. Willie is here to help you navigate these challenges by providing legal advice and support every step of the way.

If you are searching for the best Austin child custody lawyer near you for assistance with child relocation questions, contact Eric M. Willie at 512-748-0834 for a Consultation.

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What Is The Law For Child Relocation In Texas?

When parents choose to get a divorce and decide on having joint custody in Texas, it’s not uncommon for one parent to consider moving away. However, there are specific requirements that a parent must meet before they can relocate with their child. Texas family law courts recognize that life may require a parent to move out of the city or county they currently live in. Therefore, they also recognize that parents have the right to move freely within the state, but the move must be seen by the court to be in the best interests of the child. As a custodial parent, the same rules apply.

Even if there are no court-ordered restrictions on where the child resides, a parent must still receive permission from the Texas court, and the other parent. If a parent wants to move with the child, they must first discuss it with the other parent. If both parents agree to the move, the move can proceed without issue.

However, if the other parent objects to the move, a hearing is required. In such cases, the parent who is objecting to move with the child can file an application for a temporary restraining order. If the temporary restraining order is approved, it can prevent the child from moving until a relocation hearing can be held. Under Texas child relocation laws, the parent wanting to relocate must show compelling reasons for the move. A skilled Austin child custody attorney, like Eric M. Willie, can provide valuable insight and help guide you through the legal processes related to filing a motion for relocation and the subsequent steps. Eric M. Willie is dedicated to ensuring you have all the information needed to make the best decisions for you and your child when it comes to moving. His vast experience and legal knowledge will make sure that when you wish to relocate with your child, you are doing so legally and within the confines of Texas child custody laws. These cases can get tricky, especially if an emergency child custody case or parental kidnapping charge is issued. You may also have questions regarding step parent rights in Texas.

Notice Of Intent To Relocate in Texas

When a parent intends to relocate in Texas, they must provide the other parent with a notice of intent to relocate, which will include specific information required by law. According to the Texas Family Code, when a custodial parent (the parent with whom the child primarily resides) wishes to move with the child, they must give the noncustodial parent official notice of the proposed relocation. This notice must include:

The intended date of the move
The address of the new residence
The reason for the move
A statement that the noncustodial parent has the right to file a petition to modify the custody order

Once the noncustodial parent has received the intent of relocation, they then have 30 days to file a petition to modify the custody order upon receiving the notice. If they do not file a petition within this timeframe, the court may presume that the relocation is in the child’s best interest and approve it without further scrutiny. However, if the noncustodial parent does file a petition, the court will hold a hearing with both parents to determine whether the relocation is in the child’s best interest. During the hearing, the court will consider various factors.

Parental relocation cases can be complex and emotional, and they often require careful navigation of legal and personal considerations. If you are considering relocating with your child or are facing a potential relocation of your child by the other parent, it is essential to seek the advice of an experienced child custody attorney. Eric M. Willie, an Austin child custody attorney, can provide valuable guidance and ensure that all legal requirements are met, including providing a notice of relocation to the noncustodial parent, helping to protect your rights and the best interests of your child.

What Factors Does The Court Look At When Granting Child Relocation?

Before you can move out of the county with your child, it must be court-approved. The court will look at several factors to determine whether to grant or deny the relocation request.

Best Interests of the Child – The court will always consider and make decisions based on the best interests of the child. In a parental relocation case, the court is required to take into account the child’s emotional, physical, and developmental well-being, and how the move will affect those aspects.
Distance of the Move – Usually, the farther the child moves away from the noncustodial parent, the more significant the impact will be on the noncustodial parent’s ability to see their child. The court will need to consider how much the proposed move will affect the noncustodial parent’s visitation rights and the impact it will have on the child, before making a ruling.
Impact on the Non-Custodial Parent’s Visitation Rights – The court will also consider how the move will impact the noncustodial parent’s right to spend time with their child or whether the relocation may make visitation virtually impossible.
Child’s Relationship with Both Parents – The court will need to determine how the proposed move will impact the child’s relationship with both of their parents. The relationship the child has with the parent they are moving away from will be highly considered when making a decision concerning parental relocation.

What If A Parent Is Moving Out Of State With Child And No Custody Agreement

Even if you do not have a formal custody agreement yet, you must petition the court to move out of the county where you currently reside according to Texas law. While it is legal for a parent to move their children out of state or to another city if no custody agreement has been established and the divorce is not finalized, there are still legal processes that must be followed first.

Even in cases where joint custody hasn’t yet been determined, the custodial parent is still required to obtain court approval for such a move. Texas courts take these cases seriously and will take the time to carefully review the circumstances to ensure that the move is in the best interests of the child. Therefore, securing court orders before relocating is an essential process that will ensure compliance with legal requirements and to address any potential concerns from the noncustodial parent.

Contact an Experienced Austin Child Custody Attorney For Child Relocation Issues

If you are searching for the best Austin child custody lawyer near you for assistance with child relocation questions, contact Eric M. Willie at 512-748-0834 for a Consultation.

If you need assistance navigating the process of relocating with your child in Texas, including creating a notice of relocation, don’t hesitate to reach out to Austin child custody lawyer Eric M. Willie. With his legal experience and commitment to family law, Eric can guide you through the complexities of filing a motion for relocation, as well as upholding your rights when the court is determining whether or not to grant your right to relocation with your child. His goal is to ensure that you meet all legal requirements and address any potential challenges you may face. His knowledgeable legal support can help make the process of relocating with your child smoother and more manageable, providing you with the clarity and confidence needed to make informed decisions in the best interests of your child.

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