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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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October 23, 2023

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On behalf of The Powell Law Firm

| Family Law

I have to Relocate, What Should I Do About Custody?

Are you a divorced or separated parent in Texas who needs to relocate? If so, you probably have a lot of questions about how your move will impact child custody. Texas is a “best interests of the child state”—the health, safety, and well-being of the child take priority (Tex. Fam. Code § 153.002). Beyond that, there are some laws in place regarding parental relocations. Within this blog post, our Pearland child custody attorney provides a comprehensive overview of the key things you should know about the Texas parental relocation laws.

Know the Law: Parental Relocation in Texas

What are the laws for parental relocation in Texas? Unlike some other jurisdictions, Texas lacks a specific state statute for parental relocations. However, that does not mean that a court will be uninvolved with the process. Here are four things parents should understand:

  • A Sole Managing Conservator Can Often Relocate as They Wish: In Texas, if you are the sole managing conservator of your child, you have more freedom to relocate without court notification or approval.
  • Joint Managing Conservators Will Likely Need a Modification of Custody Arrangement: For joint managing conservators, the situation is more complex. In cases of joint custody, both parents share decision-making responsibilities for the child. Indeed, relocating with the child typically requires a modification of the terms of the custody arrangement.
  • Courts Often Approve Consents Agreements Between Parents: Texas courts generally favor amicable resolutions. If both parents can reach a consent agreement regarding relocation, the court is likely to approve it. This agreement should detail the new visitation schedule and how the parents will handle transportation costs and other logistics
  • The Best Interests of the Child Takes Priority: Disputes can arise over how a parent’s move should be handled. In Texas, courts will handle all custody and visitation matters—including parental relocation cases—with consideration to the best interests of the child.

Collaborative Solutions Often Work Best When a Parent Has to Relocate

When one parent who is part of a joint managing conservatorship relocates, it can create a complicated situation for their family. For parents, a collaborative approach often works best in these cases. A family lawyer can help you work with your co-parent to find the best modification for your child custody order/agreement. Of course, a collaborative approach may not work in every case. Your parental rights should be protected.

At The Powell Law Firm, our Pearland child custody attorney is a compassionate and solutions-forward advocate for parents. If you have any questions about relocating while you have a kid who is subject to a custody agreement/arrangement, we are here to help. Give us a call now or contact us online to arrange a fully confidential, no-obligation case review. From our Pearland law office, we handle child custody and parental relocation matters throughout all of Southeast Texas.

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