Parents in Texas usually have a custody order in place shortly after one spouse files for divorce or unmarried parents decide that their romantic relationship is over. Both parents have to follow the schedule outlined in the custody order and communicate with each other to remain compliant with the court order.
Occasionally, parents may decide that they need to go back to court to update or modify a custody order. One of the potential reasons that someone may feel as though their current custody order does not meet their family’s needs is a decision to relocate or move away with the children.
Is a modification necessary when a parent wants to move while subject to a Texas custody order?
Court approval is usually necessary
Regardless of whether a parent wants to move to another city in Texas or leave the state, they need pre-approval to do so without violating the custody order. If the parent who has the children more of the time proposes a move, they generally need the approval of the other parent or the support of the courts.
Sometimes, both parents agree on the necessity of the move and can cooperate to pursue an uncontested custody modification. Other times, one parent wants to move but the other parent worries that it would hurt their relationship with the children. They would then need to take the matter to court.
A judge could then determine whether the move was in the best interest of the children and could modify the parenting plan to allow the move. Typically, parents arguing over a relocation need to present their case to the courts carefully if they hope to obtain their desired outcome.