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.