Divorced parents often put a lot of work into their child custody plans. They have to figure out custody and visitation schedules, negotiate holidays, work out the logistics of who drops off and picks up the kid at school or extracurricular activities. Once the parents have agreed on a schedule, the court may put it in a child custody order. This makes the schedule legally enforceable. It also makes it harder to change things.
But of course, things do change. Every parent understands that their child’s needs change over time, and so they have to be ready to make adjustments when necessary. But parents’ needs change as well. Sometimes a new job or a new work schedule means they must adjust even a very carefully created custody plan.
One fairly common life change that can wreak havoc with child custody involves a parent who wishes to move away with the child.
Relocation
Some parents have sole custody of their child, but in most cases, the two parents have some form of shared custody. This means that both parents have rights to see their child. When one parent moves far away permanently with the child, this can interfere with the other parent’s rights.
If the other parent agrees to the move, there is usually no problem. The parent who wishes to move with the child should give the other parent written notice of their intention to move. The parents may then request that the court update their child custody order accordingly.
However, if the other parent objects to the move, they have the right to tell the court they contest the move and request a hearing. In this case, the parent who wishes to move must prove to the court that the move is in the best interests of the child.
Controlling court
The legal requirements for parental relocation apply in any case in which the proposed move is far enough away that it will interfere with the other parent’s visitation rights — generally, this means 100 miles away or more. When moving to another county within Texas, the parents may have to transfer their case to the new county’s court.
Moving to another state brings with it some further complications.
Generally, child custody law is controlled by the state where the child lives most of the time. However, Texas courts will determine whether to transfer a child custody case to another state before they grant permission for the parent and child to move.
Disputes over parental relocation can be complicated. It is best for parents to seek out professional legal guidance.
