Does a Parent Need Permission to Relocate After a Texas Divorce?

 Posted on July 18, 2023 in Divorce

After a divorce, a parent may believe that it is necessary for them to relocate to a different city, county, region, or state. A parent may choose to move for various reasons, such as to pursue job opportunities, to receive family support from loved ones in different areas, or simply to receive a fresh start after the end of their marriage. If you are a parent in Texas who wants to move with your child after getting divorced, it is essential to understand the legal requirements you will need to meet and the potential challenges that you may need to address.

Relocation by a Parent With the Exclusive Right to Determine Children’s Primary Residence

When child custody orders are created in Texas, one parent will usually be granted the exclusive right to determine where their children will have their primary residence. In cases involving sole legal custody (which is known as conservatorship in Texas), the parent with this exclusive right will usually be able to relocate with no restrictions. However, in cases where parents will share joint managing conservatorship, certain restrictions will apply to the locations that a parent will be able to relocate to. In many cases, these geographic restrictions will limit a parent to living in the county where they resided at the time of their divorce or other neighboring counties. If necessary, the court may choose to put other types of restrictions in place based on the unique circumstances of the case.

Modification of a Child Custody Order

A parent with the exclusive right to determine their children’s primary residence will generally be allowed to relocate at any time, as long as their new residence will be within the geographical area specified in their child custody order. However, if a parent plans to relocate outside of this area, they will need to seek a modification of the child custody order. 

In general, a parent who plans to relocate must provide notice to the other parent at least 60 days before the intended move. The parent may then petition the court for a modification, asking for permission to move outside of the designated area. The non-relocating parent has the right to respond to this petition and oppose the relocation. To determine whether modifications should be made, a court hearing will be held where both parents can present their cases. Ultimately, the court will make a decision based on the best interest of the child.

The Best Interest of the Child in Parental Relocation Cases

In Texas, family courts prioritize children’s best interests in all child custody matters. When it comes to a parent's request to relocate, the court will carefully evaluate and weigh various factors to determine whether the move is in the child's best interest. Factors considered may include:

• The reason for the relocation

• The reason the other parent is contesting the relocation

• The child's relationship with both parents

• The child's age and needs

• The impact of the move on the child's education and social life

• The ability of the non-relocating parent to maintain a meaningful relationship with the child

Based on these factors, the court will decide whether the relocation will be permitted. Any necessary modifications to the couple’s parenting plan will be put in place. These may include changes to visitation schedules or the methods parents will use to make child-related decisions.

Contact Our Tarrant County Parental Relocation Lawyer

Relocating after a divorce can involve a variety of complex legal factors, and in these situations, it is crucial to seek guidance from an experienced family law attorney. Whether you are looking to relocate or need to respond to a relocation request by your children’s other parent, an attorney can guide you through the legal process, advise you of your rights and obligations, and advocate for solutions that will protect your children’s best interests. Contact the skilled Hurst child relocation attorney at Daniel R. Bacalis, P.C. by calling 817-498-4105 and setting up a free consultation. We have extensive experience representing clients in matters related to divorce and child custody matters, and we can provide you with the guidance and support you need during this challenging time.