Can I Move Out of Texas With My Child After Divorce?

 Posted on July 21, 2022 in Child Custody

Parents who are divorced or who have never been married may no longer have to live together, but they will have to deal with a complex set of laws detailing their shared responsibilities toward their minor children. When both parents share custody (known as “conservatorship” in Texas) and one parent wants to move and take their child with them, the parent who wants to move cannot simply make this decision on their own. 

If you would like to relocate with your child, or if your co-parent wants to move and you object to the move, read on and then contact Frisco, TX family law attorney who can help you with your case. 

Showing the Move is In the Best Interests of the Child

The primary concern of Texas family law courts is ensuring the best interests of the child are understood and protected. Generally speaking, a child is understood to benefit most when both parents are involved in her life; to this end, when parents share conservatorship, one parent cannot move with the child without getting the consent of the other parent or the court. 

Some parents put geographic limits in their parenting agreement that state how far they can move from each other while the child is under 18. A parent moving out of Texas - or even within Texas, but a long distance from the other parent - makes it difficult for the other parent to exercise their visitation rights and have a full relationship with the child. 

This is why the parent who wishes to move needs to convince a court that there is a good enough reason to justify a major change in the child’s environment and to cause reduced access between the child and her other parent. 

Can I Move First and Ask for Forgiveness Later? 

Moving without getting permission from the court or your child’s other parent can result in serious charges, including criminal penalties. You may be held in contempt of court and face charges of parental abduction, which can potentially land you in jail. Instead, play it safe and get help from an attorney who can assist you in building a convincing argument that relocation is in your child’s best interests. 

Meet With a Collin County Child Relocation Attorney 

Moving with your child can present legal obstacles, but an experienced Frisco child relocation lawyer can help you secure a favorable outcome in your case. Call the offices of The Law Office of Linda Risinger to schedule a complimentary case review today. We offer consultations over the phone or in person. Call us at 972-294-6533.  

Source: 

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.153.htm#E