General Critical Information About Relocation and Custody Laws in Texas.
If you and your ex-partner share custody of your child, few issues create more conflict than relocation; especially if it involves moving far away, or to another state.
A parent’s need to move, either for a job, familial support, or just a fresh start, will commonly drastically impact any existing custody orders.
Therefore, you must know that Texas and California have particular laws and procedures for addressing the issue of parental relocation. Understanding these laws is critical if you, as a parent, are considering or opposing a move.
In Texas, relocation is usually governed by geographic restrictions built into the court’s current custody order, traditionally known as a “possession order” or “parenting plan.” Additionally, most Texas custody orders restrict your child’s primary residence to a specific county or counties, and not elsewhere without the court’s approval. So, you must know that you cannot move your child outside the designated area without the court’s permission.
Although the Texas family code may be vague and doesn’t specifically outline all the relocation rules, it strictly governs modifications to custody orders under Texas Family Code § 156.101.
For example, if you want to relocate with your child, you must file a modification if your move violates any existing geographic restriction.
The Texas family courts always prioritize the child’s best interests. Therefore, if the judge is deciding how to rule on a relocation issue, they may weigh factors such as:
- What is the underlying reason for your move (such as a job opportunity, remarriage, better schools, etc.)?
- How will the move impact your child’s relationship with the noncustodial parent?
- The feasibility of maintaining any visitation by the noncustodial parent.
- The child’s current ties to their community, and much more.
Unless the move will substantially help your child, the judge may deny it or modify custody to keep your child closer to both parents.
You must note that relocation is a serious and complex legal process, and your argument for change must be professionally and correctly presented if you expect the outcome you wish for; therefore, professional guidance and advice from a well-versed child relocation lawyer is mandatory.
Do the Relocation and Custody Laws in California Differ?
The state of California manages all relocation disputes strictly under the guiding principle of the “best interest of the child.” Their state law presumes that if you are the parent with primary physical custody, you have a presumptive right to move. However, this right can be challenged if the move would prejudice or hinder the child’s relationship with the other parent in any manner.
If you reside in California and are a custodial parent who wants to move with your child, you must provide the child’s other parent with at least 45 days’ written notice before you move.
During this time, the child’s other parent may negotiate terms or, if necessary, object to the move by filing for a custody modification.
The California courts consider numerous relocation issues and parameters. These are much the same as the Texas courts, such as:
- Your child’s current age and needs.
- How far away do you plan to move?
- The sound and underlying reasons for the proposed relocation.
- The overall relationship between the child and both of their parents.
- And, importantly, your child can maintain frequent and continuing contact with the non-moving parent.
If your move harms your child’s bond with their other parent, the court may modify the order to keep the child closer to both parents.
So, once again, thorough professional legal preparation and evidence are critical in California relocation cases, and the help of a skilled, empathetic, and rigorous child relocation lawyer will significantly improve your odds of winning your case and being allowed to move to another part of the state (or further).
What Are Some Practical Legal Tips If I’m a Parent Considering or Opposing a Move?
You must remember that it doesn’t matter whether you and your child are trying to move or attempting to prevent a relocation; legal guidance and preparation are key to your success.
Just a few practical legal steps you should consider if you are relocating are:
- Review your custody order very thoroughly, with professional assistance. Check for geographic restrictions, notice requirements, etc.
- Always provide proper notice to the other parent, and fully comply with statutory notice deadlines (critical in California).
- Thoroughly document your reasons for your move by gathering evidence showing why the move would benefit you and your child, such as a better job offer, better schools, more family support, better neighborhood, etc.
- Always attempt to propose a new visitation plan that the courts would view as realistic and that works to preserve your child’s relationship with the other parent.
Alternatively, if you’re opposing relocation, then:
- Move forward quickly, as you only have 45 days to notify your opposition in California.
- Professionally have a motion filed, either for a modification or a temporary restraining order to prevent the other parent’s unauthorized move.
- Gather all pertinent evidence for your case, and be thoroughly and professionally prepared to prove that the move would harm your relationship with your child; then propose an alternative arrangement.
You should know that in Texas and California, the court judges prefer that parents attempt to resolve their disputes through negotiation or mediation.
However, your empathetic, detail-oriented, and well-versed child relocation lawyer will know precisely how to move forward or prepare a well-documented strategic case on your behalf.
If I Must Move, or Oppose My Child’s Move, How Can My Family Lawyer Help Me?
You must note that child relocation disputes are always legally complex and emotionally charged in both states. The family court must attempt to balance your freedom to move with the other parent’s right to maintain a meaningful relationship with their child; and both courts will always do what’s in the child’s best interests.
However, a highly empathetic, deeply experienced family lawyer can be of significant assistance and help you:
- Fully ensure you understand your rights and obligations under Texas or California law and provide you with your legal options.
- Help you to gather persuasive evidence and strategically prepare your case.
- Negotiate realistic, practical solutions, and professionally represent you in court.
- Avoid costly legal mistakes that could jeopardize your parental rights.
So, whether you’re in Texas or California, facing a potential relocation issue or want to move or prevent one, don’t hesitate until it’s too late. The sooner you obtain sound, prudent, and experienced legal advice, the better you can protect yourself and your family’s future.
I Am Facing a Serious Relocation Issue in Texas or California; How Should I Proceed?
The Hartley Law Group’s child relocation lawyers are passionate, empathetic, and tenacious in helping Texas and California clients deal with the emotionally scarring and legally complex issue of child relocation. They are deeply committed to understanding their clients’ unique needs and have assisted hundreds of families in navigating this sometimes required but significantly stressful legal issue.
If you must relocate, or oppose relocation of your child, call them today in Ventura, California, at 805-855-1483 or in Arlington, Texas, at 469-949-1630 for an initial consultation on your case needs. They will ethically and righteously follow the state’s law, while tenaciously protecting your and your child’s rights.
