During a divorce, the issue of child custody must be resolved. Even when the courts issue an initial custody order, this does not mean that things cannot change in the future. Parents often want to relocate in the months or even years following a divorce, and that will significantly impact the child custody arrangement currently in place. Below, our McKinney child custody lawyer explains in greater detail.

What is Relocation in Texas?

Relocation in Texas child custody matters refers to when a parent with primary custody intends to move the child’s primary residence. Most child custody orders outline a specific geographic region. For example, a parent with primary child custody would not likely need permission from the court or the other parent if they are moving within the same county or possibly, adjacent counties. If a parent with primary custody wishes to move further than this, however, they would likely need to obtain the approval of the other parent or the court.

Common Reasons for Relocation

Relocation is a very personal decision and one people make for many different reasons. Some of the most common of these include:

• New employment opportunities that increase a family’s financial stability
• Moving closer to family members, such as grandparents, who can provide emotional support to the child and parent
• Access to specialized programs or better schools for the child
• Health considerations, such as for medical treatment or an overall healthier environment
• Moving to be closer to a new romantic partner or spouse

While the above are all valid reasons for moving, a judge will analyze the intent behind any relocation request and determine if it is in the child’s best interest.

Factors the Court Will Consider

The courts will consider many factors when making decisions regarding relocation. The most common of these are as follows:

• Reasons for the move: First and foremost, the courts will consider the reasons for the move. They will determine if the reason is in the child’s best interest or if the custodial parent is trying to limit the non-custodial parent’s access.
• Impact on the relationship between the child and non-custodial parent: The courts will evaluate whether the relocation will harm the bond between the child and non-custodial parent, such as significantly reducing opportunities for visitation.
• Disruption to community ties: The courts will also evaluate any potential disruption to the child’s community ties, such as their friends, school, community activities, and extended family.
• Social and emotional impact: The courts will consider how the move will impact the child’s social stability and emotional well-being.
• The preference of the child: Depending on the age and maturity level of the child, the courts may also consider the preference of the child.
• Necessary visitation adjustments: The courts will also evaluate whether adjustments to visitation are possible. For example, a court may allow a custodial parent to relocate to another state with the child. Instead of weekly visits, the child may spend summers with the non-custodial parent. A McKinney child custody lawyer can advise on the specific facts of your case and how a court will decide.

What is the Relocation Process in Texas?

Parents who wish to relocate cannot just pick up and go. They have to consider their coparent and how that move will impact the children’s relationship with that coparent. If you want to move a significant distance away from your current home, as a coparent, you will have to file a motion with the Court and seek to modify your parenting plan. 

Once filed, the other parent will have the opportunity to file their official response. If the parties cannot agree, the matter will proceed to Hearing, and a judge will weigh in on the move and whether it serves the best interest of the child. It is extremely difficult to prove that it is in the best interest of the child to move them far away from one of their parents. 

How to Prepare for Relocation Disputes

Even with the most careful planning and compliance, a relocation dispute can still arise. It is important to properly prepare for these scenarios so you obtain the best possible outcome. Some tips that can help you prepare are as follows:

• Collect evidence: Collect any documents pertaining to school programs, offers of employment, family support, or medical issues that strengthen your case.
• Negotiate: Communicate openly with the other parent and try to reach an agreement so you can avoid expensive court battles.
• Work with an attorney: An attorney can ensure your rights are protected, make sure you meet the procedural requirements, and present your case effectively.
• Focus on the best interests of your child: Prioritize the child’s emotional health and stability over your own possible grievances.
• Flexibility: You can show good faith by showing a willingness to modify visitation schedules and consider long-distance visitation options.

Contact a Child Custody Attorney in McKinney Today

Relocation is a complicated child custody issue. Whether you wish to move with your child or you want to contest a relocation, our McKinney child custody lawyers can help. At The Draper Law Firm, PC, our experienced attorneys can build a strong case that will ensure your child’s best interests are protected and that you obtain the best possible outcome. Call us today at 469-896-4930 or fill out our online form to request a consultation and to get the legal help you need.