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When facing a family law, estate law or other legal matter, it is important to work with an experienced attorney who can help you understand your options and protect your interests. At The Powell Law Firm, we have more than 20 years of experience protecting people in Pearland, Houston and the surrounding area in Texas.

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June 01, 2023

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On behalf of The Powell Law Firm

| Family Law

What if I Want to Move Out of State With My Children?

If you are a divorced or separated parent with young children or teenagers, you are certainly not alone. The Pew Research Center has published data showing that around half of all U.S. children have divorced or separated parents. Relocating to another state is complicated, especially so for parents who find themselves in this position. Here, our Pearland family lawyer highlights the key things to know about moving out of state with a child who is subject to a custody order in Texas.

Background: Sole Conservator vs. Joint Conservator

In Texas, the terms custody and conservatorship are often used interchangeably to refer to parental responsibilities. As a parent, if you have a Sole Managing Conservatorship (SMC), you possess the exclusive rights and duties for your child. In effect, means you can make major decisions regarding the child’s life, including their residence. However, the court usually awards a Joint Managing Conservatorship (JMC), where both parents share rights and duties. In this arrangement, moving out of state with the child becomes more complicated.

Two Paths to Move Out of State as a Joint Conservator

If you’re in a joint conservatorship and want to relocate with your child outside of the state of Texas, there are two main paths:

  • Obtain Consent From the Other Parent: The easiest and least confrontational way is to get the other parent’s written consent to move. The agreement should specify the details of the relocation, including the new residence, the visitation schedule, and travel arrangements.
  • Petition a Texas Court to Approve the Relocation: If you are unable to obtain the other parent’s consent, you may petition the court for permission. The court considers various factors before granting a move, such as the reason for the relocation, the distance, the age, and preference of the child, and how the move will impact the child’s relationship with the other parent. The best interests of the child always take priority.

A Family Lawyer Can Help You Determine the Best Path Forward

Out-of-state parental relocation cases can be complicated. You do not have to figure out everything on your own. A skilled Pearland, TX, lawyer can guide you through the process and help you evaluate your situation and recommend the best course of action. Among other things, your lawyer will be able to represent you in negotiations with the other parent or in court if necessary. While it is best to get an agreement from the other parent, it is obviously not possible in every case.

Contact Our Pearland, TX Child Custody Attorney Today

At The Powell Law Firm, our Texas child custody lawyer has the specialized skills, legal experience, and professional expertise to take on multi-state cases. If you have any questions about relocating with a child outside of Texas, we are here to help you navigate the complexities of the legal process. Contact us right away for a fully confidential initial appointment. With an office in Pearland, we provide child custody representation throughout Southeast Texas.

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