After a divorce or separation in Texas, you or the other parent may wish to relocate. Neither of you can just pack up your things with your children and go; there is a process you must follow. Let’s look at what it takes to move with a child in Texas.
Relocating when you have physical child custody of the kids
If you have physical custody of your child, you generally have the right to relocate with them unless there is a specific provision in your custody order that prohibits it. However, even if there is no such provision, you are still required to give notice of your relocation to the other parent 60 days before the intended date of the move. Suppose this 60-day notice seems impractical or impossible; you should let the other parent know about your relocation plans immediately after you become aware of the situation that forces you to move.
The other parent has the opportunity to object to the relocation if it makes visitation harder on them. If they do object, the court will hold a hearing to determine whether or not the relocation is in the child’s best interests.
Relocating when you have joint custody of your child
If you have joint child custody with the other parent, relocating can be more complicated. In most cases, both parents must agree to the relocation before it can happen. Again, if the other parent disagrees, you must take the matter to court. The judge will consider factors such as:
- The reason for the relocation
- The impact on the child’s education
- The effect the move may have on the child’s relationship with the other parent
- The ability of each parent to continue providing care for the child
- The child’s preference (if they are old enough to express one)
There are no specific geographic restrictions on relocation in Texas. However, you need to notify the other parent if you are relocating more than 100 miles from your current residence.