Factors to Consider for Relocation

When a parent with custody rights wants to relocate — whether across the state or out of Texas entirely — the move can profoundly affect the existing custody and possession arrangement. Texas courts take relocation cases seriously because of the potential impact on the child's relationship with the non-relocating parent, the child's community ties, and the practical ability to maintain the existing possession schedule.

Texas does not have a specific relocation statute, but many custody orders include geographic restrictions that limit where the child may reside. These restrictions are common and typically require the child to live within a specific county or group of contiguous counties. If a geographic restriction exists, the relocating parent must seek a modification of the court order before moving the child outside the designated area.

When evaluating a request to lift a geographic restriction or modify a possession order due to relocation, courts consider several factors. These include the reason for the proposed move, the quality of life the child would have in the new location, the feasibility of preserving the non-relocating parent's relationship with the child, the child's ties to the current community including school, friends, and extended family, and any history of the relocating parent facilitating or interfering with the other parent's access.

The burden is on the relocating parent to demonstrate that the move is in the best interests of the child. A parent who is moving for a legitimate reason — such as a significant career opportunity, proximity to extended family support, or remarriage — generally has a stronger case than one who appears to be moving to limit the other parent's access. Courts are particularly skeptical of relocations that seem designed to create distance between the child and the non-moving parent.

Before making any plans to relocate, it is essential to review the existing court order carefully, understand any geographic restrictions, and evaluate how the proposed move would affect the possession schedule. Filing a modification well in advance of the planned move — rather than after the fact — demonstrates good faith and respect for the court's authority.