Relocation and Child Custody in Texas
At Hannah Law, PC, we are dedicated to protecting families and guiding parents through child custody, visitation, and relocation cases in Texas. Our firm focuses on clear communication, strong advocacy, and solutions that serve the best interest of children. We understand the challenges families face, and we are committed to delivering professional legal representation with care and precision.
Relocating often becomes one of the most difficult issues for parents after divorce or separation. A move to another city, state, or even another country can affect child custody, visitation orders, child support, and the overall stability of families. Texas courts focus on the best interest of the child while balancing the rights of both parents.
Understanding how relocation is handled under Texas law can help parents make informed decisions and avoid costly disputes. A Friendswood child custody lawyer can provide guidance through this process and ensure that the proper legal steps are taken.
Understanding Relocation Under Texas Custody Law
Relocation is one of the most contested issues in Texas child custody cases. Parents often disagree about how moving affects children, visitation, and child support responsibilities. Texas law provides clear rules to guide courts and families through this process.
Texas Public Policy on Custody and Relocation
Texas Family Code §153.001 sets out the state’s policy for custody and relocation. The law emphasizes that children should have frequent and continuing contact with parents who act in their best interest. It also encourages parents to share in the rights and duties of raising their children. Relocation requests are judged with this policy in mind.
Geographic Restrictions in Custody Orders
Custody orders in Texas often include geographic restrictions. These restrictions limit where a parent with primary custody can establish a new home. Courts may restrict relocation to a single county, a group of counties, or a set distance from the other parent. When relocation is requested, the court considers whether the move would interfere with the child’s stability and visitation rights.
Definition and Scope of Relocation
Relocation can involve moving across the state, to another city, or outside Texas. The effect of relocating depends on the distance involved and how it changes the ability of the other parent to exercise visitation. Courts also look at the presence of adult caregivers, schools, and community support in the new location.
Role of the Attorney General and Child Support Division
The Texas Attorney General’s Office, through the Child Support Division, ensures that child support continues regardless of relocation. Support orders remain in place even if the child moves to a different city or state. This enforcement protects the child’s best interest and maintains financial stability after relocation.
Court’s Role in Relocation Requests
When a parent requests relocation, the court must decide if the move serves the child’s best interest. Judges rely on Texas law to review each case and balance parental rights with the needs of the child.
Legal Basis for Modification
Texas Family Code §156.101 allows modification of custody and visitation orders when circumstances have materially and substantially changed. Relocating qualifies as such a change because it affects access, visitation, and stability. Parents must file a petition with the court before moving.
Factors Considered by the Court
Judges weigh several factors when evaluating relocation:
- Distance of the move, whether within Texas, out of state, or out of the country
- The effect on visitation orders and the standard possession order
- The child’s school, medical care, and ties to the current community
- The ability of each parent or an adult caregiver to provide for the child
- The reason for the move, such as employment or family support
Balancing Parental Rights and Child’s Best Interest
Courts protect the rights of both parents but place the child’s best interest above all else. A parent may wish to relocate for a new job or family support, but the court evaluates whether the move benefits the child more than it harms the relationship with the other parent.
Impact on Custody and Visitation Orders
If relocating is approved, custody and visitation orders are often adjusted. The court may modify the standard possession order to account for distance, travel time, and costs. Parents are expected to cooperate in creating new schedules that protect the child’s access to both families.
How Relocation Affects Custody and Visitation
Relocation directly impacts custody arrangements and visitation schedules. Courts must adjust existing orders to reflect distance, travel, and the best interest of the child.
Visitation Challenges After Relocation
Moving to another city or state creates visitation issues. Travel time, cost, and school schedules often make the standard possession order impractical. Parents may need fewer but longer visits, often during school breaks or holidays, instead of frequent weekend access.
Enforcement of Custody Orders
Relocation can complicate the ability of the other parent to enforce custody or visitation orders. When a parent moves out of Texas, the Uniform Child Custody Jurisdiction and Enforcement Act ensures that orders remain valid across state lines. Texas Access programs also provide support for parents who face obstacles in exercising visitation rights.
Adjustments to Standard Possession Orders
Courts may adjust the standard possession order to address distance. For example, a parent may receive extended visitation in the summer to replace shorter visits during the school year. Judges also consider whether travel costs should be shared between parents.
Role of Extended Family
When one parent relocates, grandparents and extended family often play a larger role in maintaining stability. Courts consider the availability of family support in both the old and new locations when deciding custody and visitation modifications.
Relocation and Child Support
Relocation does not remove a parent’s duty to provide financial support. Texas law ensures that child support remains in place regardless of where a child lives.
Continuing Obligation to Pay
Child support orders remain valid after relocation. A parent cannot avoid payment by moving to a new city, another state, or another country. The child support division of the Texas Attorney General enforces these orders to protect the child’s needs.
Impact of Travel Costs
Relocation often creates new expenses for transportation. Courts may assign responsibility for travel costs when adjusting custody and visitation. In some cases, one parent pays most of the costs if the move was voluntary. In other cases, parents may share the expense to preserve visitation rights.
Connection to Custody and Visitation
Changes in custody and visitation do not erase child support responsibilities. Even if a parent spends less time with the child due to relocation, support payments continue. Courts separate financial responsibility from parenting time to ensure stability for children.
Role of Court Orders in Enforcement
Only a court can change child support obligations. Parents must request a modification if relocation alters financial circumstances. Until the court approves a change, the existing order stays in effect.
Relocation Without a Custody Agreement in Place
When parents separate without a custody agreement, relocation can create serious legal problems. Texas courts step in to protect the best interest of the child and establish clear rights for both parents.
Risks of Moving Without an Order
If a parent relocates with a child before a custody order is created, the court may view the move as harmful. Judges often see unilateral relocation as an attempt to limit the other parent’s rights. This can lead to enforcement actions or restrictions once the case is filed.
Establishing Custody and Visitation
Parents without a formal custody agreement should request court orders as soon as possible. A custody order defines the rights and duties of both parents and creates a visitation schedule. This prevents disputes over where the child will live and how often the other parent can visit.
Role of Child Support and Paternity
When no custody order exists, child support is also uncertain. The Attorney General’s child support division can help establish paternity and issue support orders. Relocation does not delay these responsibilities. Support follows the child, regardless of city or state.
Court Standards for New Orders
Texas Family Code §153.131 guides courts when deciding custody for the first time. The law favors parents over other caregivers unless the child’s best interest requires another arrangement. If relocation is part of the request, the judge evaluates whether the move supports stability, education, and family relationships.
Steps Parents Must Take in the Relocation Process
Parents who want to relocate with a child must follow Texas legal procedures. Skipping these steps can lead to penalties, loss of custody rights, or court enforcement actions.
Filing a Petition for Modification
A parent must file a petition with the court to request relocation. This petition asks the judge to modify existing custody or visitation orders. Without court approval, relocation that violates a geographic restriction is not allowed.
Providing Notice to the Other Parent
Texas law requires notice to the other parent before relocation. Notice gives the other parent the opportunity to agree, object, or request mediation. Written communication is important to create a clear record for the court.
Mediation and Court Hearings
If parents disagree, the court may require mediation to resolve visitation issues. If mediation fails, the case proceeds to a hearing where the judge decides based on the best interest of the child. Both parents present evidence about how relocation affects custody, visitation, and support.
Working with Custody Attorneys
A Friendswood child custody attorney helps parents prepare the legal filings, gather evidence, and represent their interests in court. Legal guidance is critical because relocation cases involve multiple statutes and strong emotions.
Practical Considerations for Families
Beyond court filings, parents must plan for the practical side of relocation. This includes working with moving companies, arranging school transfers, and creating a new visitation plan that accounts for distance and travel. Courts look favorably on parents who present realistic plans that protect the child’s stability.
Get Help with Relocation and Custody from Hannah Law, PC
Relocation can change the course of child custody, visitation, and support. Parents do not have to face these challenges alone. Our team at Hannah Law, PC is ready to provide clear guidance and strong representation in Texas custody cases.
Contact us at 281-262-1311 for a free case consultation today!
