Usually, if a parent has the right to designate the child’s primary residence and the parent wants to move far enough away that it would impact a custody arrangement, they’ll need approval from the child’s other parent or the court. Texas family law courts understand that life changes, and people may need to move, so they establish certain means for them to do so.
If you want to move with your child, or if you’re worried about the other parent taking your child far away, it’s important to know your rights as a legal guardian of your child and enlist legal support from an experienced Frisco family law attorney.
What Texas child custody law says about child relocation
In Texas, child custody decisions are based on the best interests of the child, as determined by the court. When a parent seeks to modify a custody order to relocate with their child, the court carefully evaluates how the move will affect the child’s well-being. Key factors considered include:
- Educational opportunities available in the new location.
- The child’s existing relationship with both parents.
- Connections to family and friends in the current and proposed locations.
- The potential impact on the child’s relationship with the non-relocating parent.
- The job opportunities for the parent and how that will impact the child’s standard of living.
If both parents agree to the relocation and custody modification, an attorney can draft and submit the agreement to the court for approval. However, if the move is contested—particularly in cases involving long-distance or out-of-state relocations—the relocating parent must petition the court for modification and provide substantial evidence supporting their request.
At Albin Oldner Law, we help parents navigate these complex legal challenges while prioritizing the child’s best interests.
What if I just want to move to a different city in Texas?
The same considerations for moving states apply to moving cities, too—and Texas is a big state. Moving to West Texas from Frisco would place your child farther away than moving to Oklahoma City or Shreveport.
In these cases, the court will also consider the child’s best interest and whether the move is feasible for the moving parent’s job prospects. If you can demonstrate that the move will materially benefit the child, such as if you’re getting a significant promotion and raise, a judge may be more likely to approve the petition.
I have joint custody; how far away can I move and keep it?
Texas sets certain requirements before a parent who has been given the right to designate the primary residence of the child move. Some divorcing couples stipulate in their divorce decree that at least one parent must remain in the child’s school district, although this isn’t the default arrangement for joint custody. If your divorce decree has no relocation limitations, then there is no limit to how far away you can move.
However, if you have joint conservatorship moving too far away could make exchanging your child cumbersome. The child’s other parent may ask the judge to make you solely responsible for taking the child to their home and picking the child up. If you moved to, say, Austin, then driving to Frisco every other week to exchange your child be difficult.
Need help relocating? We can help.
If you’re planning to move but want to keep custody of your child or seek primary custody of your child because the other parent is moving away, the attorneys at Albin Oldner Law, PLLC can help you petition for a modification of your custody arrangement. Contact us at (214) 423-5100 for a consultation.
