What Do I Need to Do if I Want to Move With My Child After a Divorce in Texas? 

 Posted on January 20, 2022 in Family Law

Every year, more children in the United States are the product of divorced or never-married parents. Over time, Texas law has been updated to reflect the realities of modern family life, becoming more flexible and allowing unmarried co-parents to make arrangements that work for their family. One common consequence of having unmarried parents is the likelihood that one parent will want to move away from the other and take their child with them. But when a parent wants to move and he or she shares custody of a child with another adult, Texas law has certain requirements to protect the best interests of the child. 

What Are the Best Interests of a Child? 

Whenever Texas courts make decisions about a child, including how time spent with each parent and important decision-making responsibilities are allocated, it makes these decisions with the child’s best interests in mind. Although several other factors are taken into consideration, the ultimate standard that must be met is whether an arrangement would be the best for a child, given the circumstances. 

Moving, especially long distances, can be very stressful for young children. When a child is well-integrated into her community, school, and friend group, moving may not be in their best interests - even if it would be good for the parent. When co-parents share custody in a Joint Managing Conservatorship, their court-approved parenting agreement controls many aspects of their lives, often including where they live. Deviating from this plan requires court approval from the same court that granted the divorce. 

Petitioning for a Modification 

Some parenting plans specifically outline the process through which parents who want to move can talk to each other and work out an agreement. They may seek mediation or agree that within a certain distance, a move may be workable. Yet even with the consent of the other parent, most moves will need to be approved by a court and integrated into a modified parenting plan. 

When a court decides whether to approve a major move, such as going from Texas to another state, the parent wishing to move will need to show that it would benefit the child more than staying where they currently live. Because moving can be so disruptive, the parent will need to present a compelling argument, especially if the other parent opposes the move. Whether you are hoping to move with your child, or hoping to prevent your co-parent from moving, an experienced Texas child relocation attorney can help. 

Call a Frisco Child Relocation Attorney

If you need to move with your child and want to know more about the process of getting court approval, schedule an initial consultation with a Collin County child relocation attorney with the Pfister Family Law. We will help you understand your rights and obligations so you make plans without running into any legal issues. Call us today at 972-954-6455 for more information.

Source: 

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.153.htm#153.073