What Are The Rules For Relocations When Sharing Custody

Shared custody in Texas is typical after a divorce. Both parents usually have a liberal amount of time with the children and a degree of influence over major decisions about their upbringing. They usually need to communicate regularly with one another to share important information about the children, such as health concerns or issues with their schooling. They also see each other frequently as they exchange custody.

The choices that one parent makes in a shared custody scenario can affect the rights and relationships of the other. For example, if one parent decides they want to move a significant distance away from their current home, that could complicate custody exchanges and force the family to make numerous parenting decisions, such as where the children should attend school after moving.

Many parents worry about losing their bond with their children if the other parent hopes to relocate after a divorce. Thankfully, Texas does have rules limiting locations in scenarios where adults share custody of minor children.

What are the rules for relocations in Texas?

Some parenting plans impose specific restrictions on moving. Parents may specifically state that they should both stay in the same county or school district. Other times, the parenting plan might include restrictions based on a specific distance. In general, Texas limits relocations in scenarios where the move could negatively affect the rights of the other parent.

That could include a move out of the state or a move several counties over within Texas. If the move is far enough away to impact the parenting schedule, then the parent hoping to move has to send advanced notice to their co-parent and the courts. If the other parent objects to the move, then the matter may need review by a Texas family law judge.

A judge looks at the reason for the move and the impact it might have on the parent-child relationships. They can choose to grant a move that could be beneficial for the children and can decline to provide permission in scenarios where the move does not benefit the children or may represent an attempt to separate them from their other parent.

Judges have the authority to modify a custody order to allow a relocation. They can also name the non-moving parent the custodial parent after the move occurs in some cases. Both the parent proposing the move and the parent opposing the move usually have an opportunity to present their perspective in family court.

Learning more about the rules that apply to parental relocations and other child custody matters can help parents continue to play an involved role in the lives of their children. Move-away scenarios can cause a lot of tension in part because they can strain parent-child relationships, but a thoughtful approach to any particular scenario can help to resolve it as successfully as possible for all involved.

Vernier & Associates, PLLC

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