Divorce can be a difficult process for everyone, especially when children are involved. Parents have to navigate custody agreements, visitation schedules, and co-parenting relationships. However, what happens when one parent decides to move out of state? This can have an impact on the custodial agreement and can be a challenging situation for all parties. In this article, we will discuss what happens to a custody order (e.g., a Divorce Decree or Order in Suit Affecting a Parent Child Relationship) in Texas when one parent decides to move.
If you are in this situation, it is important to seek legal advice and assistance from a trusted family law attorney. Hargrave Family Law is here to help you navigate this process with care and respect for both your goals and the well-being of your family. We’ll help you and your family move forward amicably while never losing sight of your family’s core values.
Child Custody Arrangements in Texas: Sole Managing Conservatorship and Joint Managing Conservatorship
There are two types of standard custody arrangements in Texas: sole managing conservatorship and joint managing conservatorship. In a sole managing conservatorship, one parent has the exclusive right to make the important decisions for the child, such as medical, educational, and mental health decisions. In a joint managing conservatorship, the rights and duties are allocated between the parents with one or both parents having the rights to make these decisions.
It is important to note that in Texas, there is a presumption that joint managing conservatorship is in the best interest of the child. This means that unless there is evidence that it would not be in the child’s best interest, the court will order joint managing conservatorship and if the parents can’t decide how the rights will be allocated, then the court will order that the rights are independent (both parents have the right), subject to the joint agreement of the other parent conservator (either parent can veto the decision), or exclusive to one parent.
Whether conservatorship is Joint Managing Conservatorship or Sole Managing Conservatorship, the courts will almost always award one parent the exclusive right to determine the primary residence of the child subject to a geographic restriction, such as the current county in which the child lives and surrounding counties, e.g. “Dallas County and counties contiguous to Dallas County.”Most often, the child’s residence will also determine the public school which the child will attend.
The parent who has the exclusive right to designate the primary residence of the child is free to move within the geographic restriction. The Custody Order will most often have provisions requiring that the moving parent give notice to the other parent at least 60 days before the intended move. This notice must include the address of the new residence, the new phone number (if applicable) and the intended date of the move.
Texas Child Custody Laws When Moving Out of State
However, if the primary parent desires to move with the child out of state, or outside of the geographic restriction, most Custody Orders provide that the parent will need either the written agreement of the other parent in order to move outside of the geographic restriction or modify the Custody Order allowing the parent to relocate with the child. In some instances, the Custody Orders may provide that the geographic restriction is lifted if, at the time the parent wishes to relocate the child outside of the geographic restriction, the other parent does not live within the geographic restriction. Some Custody Orders also contain a mediation clause, requiring the parties to mediate before filing a suit to modify. You will want to look carefully at your Custody Orders to determine whether you have a valid restriction in place, and what requirements are in effect before filing a suit to modify.
Modifying a court order to allow the parent to relocate outside of the geographic restriction is difficult without the agreement of the other parent. First, this process will take time. The geographic restriction on the primary residence of the child cannot be changed by the court, absent an emergency, on a temporary basis. Instead, the court (or possibly jury) can only modify the geographic restriction after a final trial on the matter. To aid the court in making a decision that will be in the best interest of the child, courts sometimes require a custody evaluation where a neutral mental health professional will conduct interviews with the parties, the child, and others, and make a recommendation to the court regarding the best interest of the child. Custody evaluations can significantly extend the length of the trial proceedings by at least six to nine months.
There are many factors the court will consider when it comes to allowing a child to move outside of the geographic restriction, including but not limited to:
- Age and desires of the child;
- Other parent’s involvement with the child;
- Location and involvement of extended family;
- Child’s connections within the geographic restriction (e.g., school, church, activities);
- Benefits to the Child if the move is allowed to happen;
- Distance between the parents at the time the move is sought;
- Career options available to the parents if the child is or is not allowed to move;
- Cost in getting the child to and from the other parent after the move.
Whether your current orders require mediation or not, you may want to carefully consider mediation, or a collaborative law process, as a strategy for trying to resolve the dispute over where the child will live. Often times, parties can resolve the “moving” issue when they have an opportunity to discuss accommodations for traveling and extended possession times. Also, settling at mediation before or shortly after filing suit will save a tremendous amount of time and money.
There are some Custody Orders that do not provide a restriction for the geographic residence of the child, but these orders are few and far between. It is the public policy of the State of Texas for parents to live near the child, to allow the child to have the benefit of parental involvement, and that requires close proximity of the parents.
If the non-primary parent is the one moving, the general effect would only be a change in the possession schedule. Most custody agreements include revised provisions for possession when the parents live more than 100 miles apart, and so that would automatically kick in with no additional court involvement.
Potential Repercussions for Attempting to Move a Child Out of State
In cases where one parent tries to move a child out of state without the other parent’s permission and in violation of the Custody Order, there can be serious legal repercussions. This can be characterized as parental kidnapping at worst or interference with child custody at best, both of which are a criminal offense in Texas. The criminal penalties for this offense can include imprisonment, and the civil penalties can range from reduced to eliminated possession or visitation with your children.
Even if you don’t yet have a final Custody Order in place, most counties in Texas have standing orders in place that prohibit a parent from relocating out of state (or in some cases out of the county) with the child while the case is pending. Telling
It is essential to follow the proper procedures when moving out of state to protect yourself and the best interests of your child, as well as to maintain a workable ongoing co-parenting relationship. Getting legal advice and assistance from a qualified family law attorney can help you navigate this process with care and respect for everyone involved and increase your chances at a positive resolution.
Navigating a custody agreement modification with our legal team
Moving out of state can be a difficult decision for any family. Navigating a custody agreement when one parent is moving out of state can be complicated and emotionally challenging. It is vital to approach this decision carefully and with consideration for everyone involved. Having the guidance of a qualified divorce and family lawyer in Texas can make a significant difference in the outcome of your case.
A family law attorney can help you understand your rights and responsibilities, guide you through the legal process, and advocate for your interests in court if needed. Our family law attorneys can help you modify your custody agreement if necessary, working with the other party towards a resolution and ensuring that your child’s best interests are protected. Negotiating with another parent who is not in favor of the move will no doubt be a difficult road, but we are here to support you and your family every step of the way. We will ensure that your rights and interests are protected and that your family’s well-being is always the top priority.
At Hargrave Family Law, we understand the emotional toll that family law issues can take on our clients. We are dedicated to helping you find creative legal solutions in a way that minimizes conflict, and we always prioritize the well-being of your family. Our trusted team is here to help with all of your family law needs, including child custody arrangements and modifications. Contact Hargrave Family Law today to find out how we can help.
