Parental relocation is a contentious issue that often arises during and after a divorce. In general, the state of Texas views the best interests of the child as the top priority in any custody or visitation decision. This includes decisions relating to parental relocation.
Giving notice
When one parent wishes to relocate with the child after divorce, they must provide notice to the other parent and the court at least 60 days before the proposed move. The notice must include the new address, the reasons for the move and a proposed new custody and visitation schedule.
Objections
The other parent has the right to object to the proposed move and request a hearing. At the hearing, the court will consider several factors to determine if the move is in the best interests of the child. These factors include the reasons for the move, the child’s relationship with each parent, the child’s age and developmental needs and the impact of the move on the child’s education and community ties.
If the court finds that the move is in the best interests of the child, the court will issue an order allowing the move and modifying the custody and visitation schedule as necessary. If the court finds that the move is not in the best interests of the child, the court will deny the request, and the child will remain in the current location.
In the case of a denial
It is important to note that if the court denies the request the parent wishing to move may still choose to move, but they may be in violation of the court order and could face legal consequences. Additionally, if the parent who objects to the move chooses to move, the court may modify the custody and visitation schedule to reflect the new circumstances.
Relocating after your divorce
Both parents must work together and prioritize the best interests of the child during and after a divorce. If you are considering a move or have been served with notice of a proposed move, it is important to make the effort to fully understand your rights and options.