Parental Relocation Suits

Texas law recognizes that in most cases it is healthy and desirable for a child to have frequent contact with both parents, even if the parents are separated or divorced. Consequently Texas courts are authorized to place restrictions on where children may live to make sure that one parent does not move the child some place far away from the other parent.

It is also the case, however, that moving from city to city is more common today than ever before.  People often need to move to take advantage of new job opportunities or to be closer to family.  When a parent with primary custody of a child needs to move, he or she will usually need to file a proceeding with the court to modify the custody order lifting any geographical restrictions on where the child can live.  Whether the court will allow the change will depend on a number of factors including:

• The parent's motivation for moving;
• If the move is for work, whether it is voluntary or involuntary;
• Whether the non-custodial parent will still be able to exercise meaningful visitation;
• The family and community ties the child has to each location;
• Educational and employment opportunities for the child and the parent in each location;
• Any special needs the child has and whether they can be met better in their current or the proposed new location;
• Whether the move might be traumatic for the child.