Relocation

Relocation is one of the most complex and emotionally charged issues that arises after a custody order is established. When a parent wants to move with a child — whether for a new job, to be closer to family, or for a fresh start — the move can disrupt the existing possession schedule and alter the other parent's relationship with the child. Texas law addresses this issue primarily through geographic restrictions in custody orders and the modification process.

Most Texas custody orders include a geographic restriction on the child's residence. This restriction typically requires the child to reside within a specific county or contiguous counties and is designed to ensure that both parents can maintain regular contact with the child. If a parent wishes to move the child outside the restricted area, they must petition the court for a modification of the geographic restriction before relocating.

Moving a child in violation of a geographic restriction without court approval is a serious matter. It can be treated as a violation of a court order, potentially resulting in contempt proceedings, and it is likely to damage the relocating parent's credibility in any subsequent modification hearing. Courts view compliance with existing orders as a reflection of a parent's respect for the legal process and the other parent's rights.

When a modification is sought, the relocating parent must demonstrate a material and substantial change in circumstances and show that the proposed relocation is in the child's best interests. Courts will examine the reason for the move, the potential impact on the child's relationship with the non-relocating parent, the availability of a revised possession schedule that preserves meaningful contact, and the child's connection to the current community.

Parents who are contemplating relocation should review their existing court order carefully, consult with a qualified attorney, and take proactive steps to propose a workable revised possession schedule. Approaching the issue cooperatively and transparently — rather than making plans unilaterally — significantly improves the chances of a successful outcome.