If you’re considering moving out of state with your child and have custody in Texas, it’s essential to understand the legal framework around relocation. Moving a child’s primary residence can significantly impact custody arrangements, especially if the other parent is involved. Whether you have sole managing conservatorship or share custody, you must follow Texas law to ensure the move is in your child’s best interests.
At WSM, we help mothers make informed, confident decisions about relocation and custody. Our San Antonio interstate custody lawyers are here to support you every step of the way—from evaluating your rights to presenting a compelling case in court.
Call us today at 380-212-3731 to schedule your free consultation and take the first step toward protecting your child’s future.
Texas custody law prioritizes the child’s well-being. Custody arrangements fall into two categories: sole managing conservatorship and joint managing conservatorship. These distinctions directly affect whether a parent can relocate with a child.
Texas courts weigh a variety of factors to determine whether relocation is appropriate, including:
The court may deny the move if it appears to be motivated by spite or would damage the child’s relationship with the other parent.
Relocation often stems from a job opportunity or promotion. While employment changes can be a valid reason to request a move, the court will want evidence that the new job provides meaningful benefits for the child, such as increased financial stability or improved living conditions.
At the same time, judges assess whether the relocation would unreasonably interfere with the non-custodial parent’s ability to maintain a strong relationship with the child. Your employment situation must be presented clearly and within the context of the child’s overall best interests.
If you are the custodial parent seeking to relocate, you must take specific steps under Texas law. Begin by notifying the other parent, typically in writing, at least 60 days before the move. Your notice should include your intended address, the reason for the relocation, and the date you plan to move.
If the other parent agrees, the two of you can file a modification to your custody order with the court. If the other parent disagrees, a hearing will be required. In this case, you must file a petition and present your argument for relocation. The court will evaluate your petition in light of the abovementioned factors.
A relocation case is strengthened by careful preparation, which our San Antonio interstate custody lawyers can ensure. This includes:
At WSM, we help parents create comprehensive relocation plans that account for schooling, extracurricular activities, healthcare, and regular communication with the other parent. These details show the court that you’ve planned the move thoughtfully and in the child’s best interests.
Relocating without consent or a court order can lead to serious legal consequences. Texas courts take unauthorized moves seriously because they violate custody agreements and can harm the non-relocating parent’s rights.
Potential consequences include:
Moving without legal approval may also damage your credibility in court and reduce your custodial rights. Always consult our firm’s San Antonio interstate custody attorneys before making any relocation decisions.
Sometimes, a move may not be the only option. Alternatives like remote work or flexible job arrangements could offer the benefits of relocation without disrupting your child’s life. Additionally, having extended family or a support network nearby may help you manage work and parenting responsibilities without uprooting your child.
Such alternatives can be important in showing the court that you explored every possible path before seeking to relocate.
Modifying your current custody order becomes part of the process when relocation is necessary. If both parents agree, you can submit the revised terms for court approval. If not, the judge will determine whether the modification is warranted based on substantial changes in circumstances.
Relocation is one of the most common reasons for modifying custody. However, approval is never guaranteed. As such, it is important to work with our experienced San Antonio interstate custody lawyers at WSM.
Relocation cases are among the most complex custody matters in Texas family law. A knowledgeable San Antonio interstate custody attorney can ensure that all documents are correctly filed, all arguments are well-supported, and all deadlines are met. Your San Antonio interstate custody attorney can also help present your relocation plan clearly and persuasively in court.
At WSM, we offer personalized legal representation to women dealing with child custody and relocation. Whether you’re seeking approval for a move, responding to a relocation request, or pursuing a custody modification, we’re here to advocate for your rights and your child’s well-being.
If you’re thinking about relocating with your child, don’t make a move without understanding the legal requirements. At WSM, we are committed to helping women through every phase of family law, including relocation and custody modifications. Let us help you take the next step with clarity and confidence.
Call us today at 380-212-3731 or contact us online to schedule your free consultation.
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