Child Relocation & Child Custody

So you’re divorced and you and your ex agreed to a child custody order. But now you want to move with your child, what happens now? Good question, let’s dive in. 

Child Custody Basics 

In Texas, usually the courts will assume that both parents will be “joint managing conservators” (see the basics of child custody in texas here) of the child unless there was evidence of abuse, parental misconduct or threats of violence. What this means is that both parents are likely to be presumed the joint managing conservators - or “joint custody” in other states. This means that parents are encouraged to reach an agreement on possession, access and child support, often called a child custody order. 

But sometimes things don’t go the way we’d hoped and the parents are unable to agree on terms of child custody and then the court gets involved and a judge ultimately makes the decision on what is best for the child. 

So can I move? 

It depends. Once the child custody order is decided, it’s law. So depending on what the custody order says, if there is language that says a certain residence or geographic location/area, the parent cannot move the child without the approval of the other parent and/or approval from the court that issued the custody order. Texas courts try their best to keep children close to both parents, however there are factors that are deemed reasonable to modify geographic restrictions. 

Parents that would like to move their child out of the court ordered area must seek approval from the court before taking any action. Otherwise moving without approval would mean a violation of the terms of the custody order. This means, technically no, you cannot just pick up and move without first getting approval. 

Child relocation modification 

The standard to modify an existing court ordered child custody plan is to do everything in the best interest of the child. Therefore if you are planning to move outside of the allowed area or out of the state, you would have to prove to the court that the relocation would in fact benefit the child. Perhaps you would move to a better home, or a better school zone or to an area that would present the child with better opportunities. These are a few of the things that would be compelling to a judge to modify a child custody order for relocation. 

However, if the child is well established in their current school, or a move could be disrupting the child’s happiness, a court could find that the move is not in the child’s best interest. 

Therefore, because of the complexities of modification to the child custody order, it’s best to speak with an attorney that has ample experience in dealing with the courts and specializes in child custody agreements. Contact us today!