Decatur Family Law and Probate Attorney

Am I allowed to move if there is a custody order in place?

| Jul 2, 2021 | Uncategorized

Parents who live in an around Decatur may at some point have to leave the area.

Oftentimes, parents move out of state or to another part of Texas because of a job opportunity or for a chance to be closer to family members who need them.

If these parents are subject to a Texas custody order, which is officially called a conservatorship in this state, then they need to be sure that they understand their rights and responsibilities before they move.

Even if the reason for the move is legitimate, a parent can run into serious legal problems if she does not know and follow applicable rules.

A parent should review his court orders before moving

In this respect, a good place for a parent to start is with his last court-approved parenting plan. The plan will likely spell out under what circumstances a parent may move without getting permission from the court.

The order may, for example, allow a parent to move within a certain radius so long as she lets the other parent know the new address.

If the order does not give the parent who wants to move automatic permission to do so, then the parent wanting to move will have to go to court to get the conservatorship order changed. The court will decide whether to change the order, and thereby allow the move, based on the children’s best interests.

Which parent has managing conservatorship is an important question

If the court order is not clear, whether a parent is able to move may come down to who has managing conservatorship. Among other important decisions, a managing conservator may get to decide where the children will live.

Usually, the court will order parents to be joint managing conservators. In such cases, if one parent wants to change the child’s residence by moving, he will have to ask permission from the court.   

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