Texas Family Law: A Guide to Relocation and Custody

Texas family law can be complex, especially when it comes to matters of child custody and relocation. If you're a parent considering moving away with your child, it's crucial to understand the legal implications and the steps required to navigate this process effectively.

Understanding Child Custody in Texas

In Texas, child custody is legally referred to as conservatorship. There are two types of conservatorship: sole and joint. Sole conservatorship means one parent has full decision-making authority, while joint conservatorship allows both parents to share these responsibilities. The Texas court system favors joint conservatorship whenever possible, believing that children benefit from having both parents actively involved in their lives.

Factors Influencing Custody Decisions

When determining custody arrangements, Texas courts consider various factors, including:

• The child’s emotional and physical needs
• The parents’ ability to provide a stable environment
• The child’s preference, depending on their age and maturity
• The relationship between the child and each parent
• Any history of family violence or substance abuse

Relocation Laws in Texas

If you are a custodial parent wishing to relocate with your child, Texas law requires you to follow specific procedures. This is particularly important if you share joint custody. The moving parent must notify the other parent of their intention to move and provide details regarding the new location.

Notifying the Other Parent

The Texas Family Code mandates that you must give at least 60 days' written notice to the other parent if you plan to relocate more than 100 miles away from your current residence. This notification should include:

• Your reason for moving.
• The new address, or if not known, the general area of intended relocation.
• A proposed new visitation schedule for the non-custodial parent.

Contesting Relocation

If the other parent disagrees with your decision to relocate, they have the legal right to contest it in court. The court will assess whether the move is in the best interest of the child by considering the potential benefits of the relocation as well as any detriment it could cause.

Modifying Custody Orders

After relocation, you may need to modify custody orders to reflect new visitation schedules or adjustments in parental rights. This process involves filing a motion for modification in court. It’s advisable to seek legal counsel to ensure that all changes comply with Texas law.

Best Interests of the Child

The overarching principle in Texas custody and relocation cases is the best interests of the child. Courts strive to ensure that any decisions made support the emotional and physical wellbeing of the child while encouraging healthy relationships with both parents.

Conclusion

Navigating relocation and custody issues in Texas can be challenging. It’s essential to understand the laws surrounding conservatorship and the processes in place for notifying and contesting relocations. Consulting with a family law attorney specializing in Texas law can provide valuable guidance and help you protect your rights and those of your child during this transitional period.