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I Need to Relocate with My Child after My Divorce

 Posted on March 10, 2023 in Divorce

frisco relocation lawyerAfter a divorce, a parent can relocate to wherever they wish. However, if there are children involved, moving is more complicated. Parental relocation is not always an immediate issue after a divorce, but as time goes by, things may change. For example, a parent may have an employment opportunity out of state or have a new partner with plans to marry and move.

Court Order May Be Required for the Relocation

Under Texas law, the parent with primary custody has restrictions on his or her ability to relocate with children in tow. If the circumstances are such that one parent needs to move out of state, they can simply give up custody and move. Child custody would then be transferred to the other parent.

In Texas, the parent with primary custody is only allowed to move into any county next to the one in which the divorce was finalized or to any location that is within the same county. However, moving out of state or a few counties away requires a court order to be obtained by the custodial parent.

Any plans for potential relocation need to be discussed with all of the parties that may be affected by the move. For proceedings to begin, the noncustodial parent must receive a 60-day notice of the planned relocation. This should include the moving date and the new address.

Considering the Child’s Best Interest

The court takes these cases very seriously because they can impact a child’s well-being as well as the parental rights of the noncustodial parent. If the court finds that the move is what will benefit the child the most then it will issue an order to allow a modification of the custody and visitation schedule. But if the court rules that relocating is not beneficial to the child, the child cannot move.

The court considers various factors and aims to understand the reasons behind the move. Additional elements that are taken into account include the following:

  • Distance to other family members

  • Involvement by the noncustodial parent

  • Age of the child

  • The child’s preference

  • Educational and religious needs of the child

If a child custody modification is allowed by the court for relocation to another state, a new parenting plan will be developed. It is likely to include longer periods for visitation during holidays and summer vacations.

Contact a Texas Parental Relocation Lawyer

If you are seeking to modify your child custody order at The Law Office of Linda Risinger we can try to help. An experienced Frisco parental relocation attorney can help explain your options if you are considering moving out of state. Call 972-294-6533 for a free consultation.




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