Parental Relocation after Divorce in Texas
In Texas, there is a presumption that both parents will share a “joint managing conservatorship” of minor children after a divorce. While the children will typically spend more time with one parent, parents may agree that neither parent is primary. In such a situation, the parents will not designate a specific residence for the child, but will agree that the child must reside within a specified geographic area. The parents can then establish a possession schedule, which identifies where and when the child will be with each parent.
If parents fail to come to a custody agreement, the court will typically establish a joint managing conservatorship, unless it determines that the child’s best interests are not served that way. When the court makes the decision, however, it will designate one parent as primary, but will also set the geographic area in which the child must live.
At Len Conner & Associates, P.C., we have extensive experience with all types of family law matters, including custody and child support issues. To schedule a free initial consultation, contact our office by e-mail or call us at (972) 445-1500 or (817) 288-4168 if you’re in the Dallas / Fort Worth Area. Call us toll free at 1 (877) 613-5800.
The Parameters for Relocating with a Child after Divorce in Texas
Regardless of whether you have a court order specifying the geographic area in which the minor child must live, you are required to provide notice to the non-custodial spouse if you wish to move. The non-custodial parent has a right to challenge your attempt to move, and may seek a temporary restraining order prohibiting you from relocating pending a hearing with the court, where the best interests of the child will be the determining factor.
If you are subject to a court order designating the area in which the child must reside, you will have to file a petition with the court seeking permission to move outside of that area. The court will schedule a hearing, at which you will be asked to show compelling reasons why you should be allowed to relocate. This can include relocation for a job or promotion, or to be closer to family members.
Contact the Law Office of Len Conner & Associates
For experienced counsel in family law matters, contact our office online or call us at (972) 445-1500 or (817) 288-4168 if you’re in the Dallas / Fort Worth Area. Call us toll free at 1 (877) 613-5800. Your first consultation is free of charge.
