People’s lives can change after custody plans become finalized. When parents consider relocation and child custody plans, their first thought is how the child’s life will be affected. This is especially true of those in professions that may include relocation, such as nurses and other medical professionals, military personnel, and academics when a new job may force you to consider a move that no longer allows for your children to live with you. Other parents may be interested in a change of location and decide to move with their children to a new place with safer neighborhoods, better housing, or better school systems. But relocation should not be made on a whim as the stability of the children needs to be a high priority.
Relocating with your children is a big decision.
Custody
For multiple reasons, the parenting plan made at the time of your divorce or the ending of a domestic relationship may no longer be workable. For example, your old neighborhood may no longer be safe. You may have completed a degree and be offered a high paying job in your field. You may have remarried and it may seem better to move closer to your spouse’s extended family.
In Texas, custody is known as conservatorship. It is a legal term that defines the rights and responsibilities of a parent under the Texas Family Code. There are two types:
• Sole conservatorship, commonly called “sole custody,” in which one parent has exclusive rights to make all the decisions about the child, including where they live.
• Joint managing conservatorship, commonly known as “joint custody,” in which both parents make the decisions about the child, including where they live.
The court approves custody plans based on what’s in the best interests of the child at the time the plan was designed and takes into consideration the situation of the parents at the time. Having the parents live within reasonable proximity to their children can contribute to the health of the parent child relationship as it allows for easy in person visits and overnight stays.
Relocation
A parent considering relocation needs to look at the effect of the relocation on their parent child relationships and on visitation before making such a decision. Discussing relocation with your co-parent in a cooperative way usually is a good first step before making a decision to relocate.
There are two types of relocation that are of concern: relocation with the children and relocation without. Both situations require changes to visitation schedules and child support.
In Texas, generally a parent with sole conservatorship (sole custody) can move anywhere within the same county where the custody plan was finalized or to an adjacent one and still maintain custody, but check your own custody plan before moving to ensure you do not violate your custody order. Also in the sole conservatorship, the conservator parent usually can move without notifying the other parent or obtaining the consent of the other parent. However if there is no major reason not to notify your non custodial parent, it is suggested that the conservator parent notify the other parent before relocating.
With joint managing conservatorship, it likely that your custody order includes language on restrictions on relocation for the children as the parents helped craft the agreement. Such language will outline under what circumstances a parent can move and how far. The parents would need to agree to the relocation, make a new plan, and get the court ‘s approval. If the parents cannot agree, then they may need to fight it out in court. Use of a family law or custody lawyer is usually the best way to make sure you come up with a new plan that is in compliance with the laws of Texas.
Court Order Modification for Relocation
So, what do parents do if they find themselves faced with relocation, either for a job, a new partner or marriage, or another reason? Either parent or both jointly can file for a modification. This simply means petition the court to change or update to an existing custody order. The custody order can also be modified by a request from both parties if they agree. If not, the parties will likely need to return to court so the court can decide if relocation can be authorized. In all cases, the new modification should include new visitation schedule and new child support changes.
What if there is no agreement or court order to stop one parent from moving out of the area—or out of state—with the child? In cases where paternity has not been legally established, the mother is considered sole parent. There is nothing barring said mother from relocating. When this happens, the father needs to take the legal steps to get his visitation and decision making authority and establish formal child support.
Get Help From Tarrant County’s Family Law Attorney
If you’re considering relocation or your co-parent is suggesting they are planning to relocate, we can help you with evaluating your current plan, modifications to your court order, and update your child custody plans, visitation and child support. Wendy L. Hart is an experienced family law attorney serving families throughout Tarrant County and the Fort Worth area. Use our online contact form, or call us at (817) 842-2336 for an appointment.
