Relocation Disputes: What Happens When a Parent Wants to Move With a Child

In the context of family law in Texas, parental relocation happens when a parent prepares to move with a child who is subject to a custody agreement. Depending on the circumstances, court approval may be required. At Thornton Esquire Law Group, PLLC, our Houston child custody attorneys are proud to be leaders in family law, and we help clients seeking to relocate with their children. 

Know the Law: Parental Relocation in Texas

Unlike in many other jurisdictions, Texas does not have a standalone parental relocation statute. Instead, Texas courts more broadly handle relocation cases through conservatorship and possession orders under Title 5 of the Texas Family Code. Here is the key point for parents to know: 

• Most final custody (conservatorship and possession) orders in Texas include a geographic restriction that limits the child’s primary residence to a defined area. Most often, it will be a county and the contiguous counties. 

A parent with the exclusive right to designate the child’s primary residence must comply with that restriction unless the court modifies it. A move outside the restricted area requires either the other parent’s agreement or a court order modifying the prior decree. Courts treat relocation as a material and substantial change in circumstances under Tex. Fam. Code § 156.101. 

What to Know About the Procedure to Seek Relocation With a Child in Texas.

A parent seeking to relocate a child outside of the area specified in the order generally must file a petition to modify the parent-child relationship. Along with other things, the petition must allege a material and substantial change and request removal or expansion of the geographic restriction. The court may issue temporary orders to stabilize the situation while the case proceeds. That could include temporary possession schedules and relocation restrictions. If the move will occur before trial, the requesting parent may seek temporary permission, and the opposing parent may seek injunctive relief to prevent relocation. 

Child Relocation Cases are Handled Under the Best Interests of the Child Standard

In Texas, courts decide relocation disputes under the best interests of the child standard. In other words, what is best for the health, safety, well-being, and development of the child will always take top priority. Notably, the best interests of the child standard in Texas is comprehensive: Courts  evaluate the totality of the circumstances. Relevant considerations include: 

• The reasons for the move; 
• The effect on the child’s relationship with the non-relocating parent; 
• The educational and health opportunities; and 
• The feasibility of preserving meaningful contact through a revised possession schedule. 

In applying the best interests of the child standard, Texas Courts examine each parent’s history of involvement, the child’s needs, and any evidence of instability or risk. A parent who proposes relocation must present a concrete plan that addresses schooling, housing, and access to the other parent. Notably, in a relocation dispute, the opposing parent may counter with evidence that the move would impair frequent and continuing contact.

Know the Possible Outcomes in a Parental Relocation Case in Texas

The court may grant the relocation and modify the order to expand or remove the geographic restriction. If the court approves the move, it will typically adjust possession to preserve the non-relocating parent’s time, often through extended summer periods, holiday allocations, and allocation of travel costs. The court may deny the relocation and maintain the existing restriction, which forces the requesting parent to choose between moving without the child or remaining within the restricted area. In some cases, the court may change which parent holds the exclusive right to designate the child’s primary residence if the move would undermine the child’s stability.

Courts Give Parents Considerable Deference if They Can Agree on Relocation Terms

For parents with a child subject to shared parenting, a significant relocation constitutes a substantial and material change in circumstances. It will justify a modification to the custody/visitation arrangement. With that being said, it does not mean that there has to be a serious dispute. Quite the contrary, many child relocation cases in Texas can be settled through an agreement between the parents. Courts in Texas give parents considerable deference to work out their own modifications of a time-sharing agreement. Whether you or your co-parent is relocating, the best approach is generally to attempt collaborative problem-solving to find an arrangement that works for everyone. 

Burden of Proof on Parenting Seeking to Relocate the Child

Assuming that a relocation is sought and that no agreement can be reached, the burden of proving that it is in the child’s best interests rests with the parent seeking relocation. Indeed, Tex. Fam. Code § 156.101 holds that any parent who is seeking a modification of a custody order/agreement must prove that it is appropriate. Evidence must address concrete impacts, including schooling, healthcare access, housing stability, and the feasibility of maintaining the other parent’s possession. Courts in these cases will generally carefully review and evaluate credibility, consistency, and the specificity of the relocation plan. A Houston, TX, child custody lawyer can help you navigate a dispute over relocation. 

Why Trust Our Houston Family Lawyer for Help With a Relocation Dispute 

For divorced or separated parents, a relocation can be stressful. It can also be complex from a legal perspective. At Thornton Esquire Law Group, PLLC, we are a family law firm that helps both mothers and fathers navigate relocation cases. If you or your co-parent is preparing to relocate with your child, our Houston family law attorney is standing by, ready to protect your parental rights. Your initial consultation with our Texas child custody attorney is strictly confidential. 

Contact Our Houston Child Custody Attorney for Help With a Relocation Case

At Thornton Esquire Law Group, PLLC, our Houston child custody attorney has the family law experience needed to help you navigate a relocation case. If you have any questions about your rights, please call us at (888) 378-1784 or contact us online for a confidential consultation. We handle parental relocation cases throughout Southeast Texas, including in Harris County, Galveston County, Fort Bend County, Montgomery County, and Brazoria County.