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Apart from child support disputes, few situations generate as much potential for disagreement and acrimony as when a parent decides to relocate with children of whom he or she has custody. At Sisemore Law Firm, P.C., we are dedicated to providing experienced legal help guidance to our clients during these and other highly contentious family law cases and divorce-related disputes, no matter which side of the dispute they are on.
Before we discuss further, it’s important to note that the parents can legally relocate to any location they wish with no geographic restrictions. Child custody laws in Texas only apply to the children as per the law’s relocation clause. Child custody will be transferred to the other parent in this case.
However, according to Texas custody laws, moving out of state or beyond your designated county WITH your children in tow is an entirely different matter.
Typically, a parent who is awarded primary physical custody of children during a divorce in Texas can move into any county adjacent to the one in which the divorce was finalized (or anywhere within the same county) to maintain said custody. Under Texas child custody laws, moving out of state entirely or even just a few counties away requires court orders to be obtained by the custodial parent.
Courts take these cases involving Texas child custody relocation law seriously because they can substantially interfere with not only the child’s or children’s well-being but also the noncustodial parent’s rights. For the same reasons, our attorneys take these cases seriously as well.
Courts will look at several factors before deciding whether to allow a custodial parent to relocate out of a pre-approved area. Questions a court will ask include:
Why is the parent moving out of state? Is it to be closer to an ill family member, or is it to deny the noncustodial parent visitation rights? If the parent is moving for a new job opportunity, is it a necessary move?
How will the children be affected? Are there legitimate reasons to avoid uprooting a child from his or her current home and community? Will separation from the noncustodial parent result in serious emotional harm to their relationship over time?
Whether you are seeking permission to move away or wish to keep your children in the Metroplex, our child custody attorneys will ensure that the court has all the information — and the facts in your favor — to reach a fair decision. Our goal is always to do what is best for you and your children in accordance with Texas child custody relocation law.
We are here to assist you with all your divorce-related legal needs. For a consultation with an experienced lawyer, email us or call our Fort Worth office at (817) 336-4444.
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