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Pearland Legal Blog

Family Law & Estate Planning Attorney

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.

How Relocation Affects Child Custody in Texas

If you are the primary custodial parent and are planning on moving outside the geographical boundaries set by your child custody orders, you’ll need the court’s approval or your ex’s consent. Relocations often turn into complicated legal matters that can be contested. Because your rights as a parent are on the line, you need our experienced Pearland, TX, child custody attorneys at The Powell Law Firm in your corner.

Your Current Child Custody Orders

Most orders for child custody (called conservatorship in Texas) include restrictions regarding where the primary custodial parent resides, which is the location of the children’s primary residence. This usually means that the parent is limited to living in a specific county or its surrounding counties.

For Pearland cases, this means Brazoria, Harris, or Fort Bend County and their neighbors. If your order doesn’t include a geographic restriction, you may be able to move without court approval, but the other parent can ask the court to modify the order, especially if the move significantly interferes with their possession schedule.

General Notice Requirements

While Texas doesn’t implement a universal answer to how far away is too far away, it’s important to know that a major move requires your careful attention. A parenting order generally requires you to notify the other parent in writing at least 60 days before changing your residence, or within five days after you learn of the move if you couldn’t have known 60 days in advance.

If you will live more than 100 miles apart, a different standard possession schedule generally applies, with changes to weekend and summer possession. If you and your ex agree, you can submit an agreed modified order to the court for approval. For many Pearland families, this means a Brazoria County district court in Angleton, though cases in the Harris County or Fort Bend County portions of Pearland are handled in those counties.

The Court’s Determination

The State of Texas presumes that continuing to spend a significant amount of time with both their parents is in children’s best interests, barring a serious reason for ruling otherwise. Every child custody determination is based on the best interests of the child, which highlights the significance of a move that would interfere with parenting time.

In response, the court turns to factors like the following when ruling on relocation requests:

  • Your reason for moving, such as career advancement, additional help from close family, or better opportunities for your children
  • The impact of the proposed move in terms of the status quo in relation to your children’s schooling, daily routines, and overall emotional well-being
  • Your proposal for helping to ensure that your children’s other parent will be able to continue spending a significant amount of time with them

A trusted child custody lawyer has the experience and legal insight to help make a positive difference in the outcome of your case.

Our Experienced Pearland Child Custody Attorneys Are Here to Help

Our dedicated Pearland, TX, child custody attorneys at The Powell Law Firm appreciate the significance of your relocation case, and we’ll spare no effort in our focused pursuit of a favorable resolution on your behalf. Learn more by contacting us online or giving our firm a call at 832-850-6095 today.

Request a Consultation

To schedule a meeting with an attorney, please call 832-850-6095 or complete this contact form. We’ll be in touch with you as soon as possible.

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What Our Clients
Have To Say

  • “I wanted to take the time to thank you [John Powell III] for helping me through a tough time in my life. Your guidance and voice of reason really helped me more than you will ever know. I had a previous attorney that I felt could have really cared less about me or the situation. Once on board with you, I felt an immediate difference and I was thankful for your quick response. I could not have finished this process without you and I am glad you were able to have so much hands on time with me. Again, thank you for everything you did for me and my son!”

    (S.R.)

  • “John Powell III was very helpful through the entire process of my divorce which involved a custody fight over my 3-year-old daughter. Mr. Powell has a strong working rapport with the Brazoria County family court. He was very patient, walking me through every step, knowing what to expect from my wife's attorney. We were ultimately successful and I would highly recommend him. As for my daughter, she is doing great. She has advanced to the preschool 2 class early, she is now 3.5 and now goes to school with the 4-5 year old's. Her emotional and behavioral issues have disappeared. Thanks to Mr. Powell's hard work my daughter will have a great chance at life.”

    (K.K.)

  • “Just wanted to say thanks for handling my post-divorce property division issue in a timely and professional manner. Especially your attention to detail and some quick-witted humor as well. Your firm was referred to us by a friend which can always be somewhat awkward but you made us feel at ease through the entire process. I would not hesitate to recommend your firm to anyone if the need arises.”

    (J.B.)

  • “Dear Mr. Powell: I want to thank you for your great service and express my gratitude. I am extremely pleased how everything was handled and I have the highest possible opinion about your professionalism, the quality of your service and your attitude toward me as a client. Thank you again, best regards.”

    (M.K.S.)

  • “I had what I learned was not your stereotypical divorce case. John Powell III was extremely understanding of the situation and worked with myself and my former spouse to navigate the legal pitfalls in our, and our children's case. Everything was resolved amicably and with minimal impact to our family. Without Mr. Powell's assistance I do not know that we would have gotten to such a positive place.”

    (A.W.)

  • “John Powell III is a compassionate and thorough attorney. My case was a complex custody issue that required work in two wide-spread counties. Mr. Powell was able to efficiently overcome this added challenge. He is patient and clear in explaining concepts of the law. Even after the case was closed, Mr. Powell was available to explain the final judgment and to help ensure we were following the Judge's intent. It is very comforting to know that if additional issues arise he is there to act as my advocate.”

    (R.T.)