![]() Relocation and custody issues can be complex and emotional aspects of a post-divorce scenario, especially when it involves moving with children to a different geographical location. This article aims to provide a comprehensive overview of the legal landscape surrounding relocation and custody in Texas, helping divorced parents understand their rights and responsibilities. Understanding Texas Custody Agreements In Texas, custody agreements are generally detailed in what is legally termed as a "conservatorship." This term is synonymous with "custody" used in other states. Texas law recognizes two types of conservatorship:
Legal Framework for Relocation When it comes to relocation, Texas law requires a parent with custody (a conservator) to have a geographical restriction put into place unless both parents agree otherwise. This restriction typically limits the child's primary residence to a specific area, often the current county of residence and possibly adjacent counties. This clause aims to ensure that both parents maintain frequent and ongoing contact with their children. Seeking Permission to Relocate If a custodial parent wishes to relocate outside of the geographical area defined in the custody order, they must typically seek either:
Factors Considered by the Court When deciding on a petition for relocation, Texas courts will consider several factors, including: The reason for the proposed move: Relocation for a significant job opportunity or for remarriage might be viewed more favorably than a desire to move without clear benefits. The relationship between the child and both parents: A strong, active involvement by the non-custodial parent might make it harder to approve a relocation. The impact on the child: This includes considering the child's age, community ties, relationships with other family members, and how the move might affect their emotional and physical needs. Enhanced quality of life: If relocating will improve the quality of life for the child and the custodial parent, the court may consider this in their decision. Steps for Filing a Relocation Petition
Post-Judgment Modifications If a relocation is approved, the custody order will be modified accordingly. This may involve new provisions for visitation and communication between the child and the non-custodial parent, such as:
Conclusion Relocation with children post-divorce in Texas involves a careful balancing of the child’s best interests, the rights of the custodial parent to seek a better life, and the preservation of the child’s relationship with the non-custodial parent. It is advisable for parents considering relocation to consult with a legal professional who can provide guidance based on the specifics of their case and ensure compliance with Texas law. This legal guidance is crucial for navigating the complexities of relocation petitions and modifications to custody arrangements. Comments are closed.
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Attorney Sean Y. Palmer has over 20 years of legal experience as a Texas Attorney and over 25 years as a Qualified Mediator in civil, family and CPS cases. Palmer practices exclusively in the area Family Law and handles Divorce, Child Custody, Child Support, Adoptions, and other Family Law Litigation cases. He represents clients throughout the greater Houston Galveston area, including: Clear Lake, NASA, Webster, Friendswood, Seabrook, League City, Galveston, Texas City, Dickinson, La Porte, La Marque, Clear Lake Shores, Bacliff, Kemah, Pasadena, Baytown, Deer Park, Harris County, and Galveston County, Texas.
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