Parents who share custody of their children generally need to remain close to one another for regular exchanges. Most custody orders award both parents a degree of parenting time, as well as a say in important parenting decisions.
It is usually best for the children in the family if they can remain in an area that they are familiar with and where they have established social connections after the disruption of a parental divorce. However, there are scenarios in which moving with the children could be the best option for one parent.
What typically happens if one parent intends to relocate with their children?
The parents must update the custody arrangement
The simplest solution when a parent intends to move to buy a house or take a better job is to work cooperatively with the other parent to modify the custody order. Typically, the standard custody restrictions in Texas limit parents to relocations within the same county or a group of neighboring counties.
In scenarios where one parent intends to relocate a substantial distance from the other, they likely need to work cooperatively with the other parent to negotiate an uncontested custody modification. The parents can agree to new terms that they then submit to the courts to update their current order.
If parents disagree about how to address a relocation, then the matter may require litigation. Contested relocation hearings can be unpredictable, and the burden of proof to show that the move is in the best interest of the children usually falls to the parent hoping to relocate.
Reviewing an existing custody order and the reason for a move with a skilled legal team can help parents determine the best strategy for addressing a custody modification. Parents expecting conflict over a proposed relocation may need to work with a lawyer to understand their options, and that’s okay.