• 20
  • July
    2011

In Texas family law matters involving children, the typical divorce decree or child custody order contains geographic restrictions preventing the custodial parent from making a long-distance relocation without first appearing in court. Since, in most instances, Texas law favors both parents being substantially involved in a child's life, a parent's modification request to move the child will be reviewed carefully and require evidence supporting that the move will be in the child's best interest.

When a custodial parent seeks to move with the child, the other parent will often contest modification of the divorce decree or custody order. In this situation, a hotly contested court hearing may ensue. The party seeking to relocate will have to convince the judge that the move is in the best interest of the child, often because the custodial parent has a job offer outside of the geographical restrictions contained within the decree or order.

Regardless of the reasons a party wants to move outside of the geographical restrictions with his or her child, it is necessary to go through the legal process. In fact, even if the mother and father informally agree to terms concerning relocation, they should still get their terms incorporated into a modified custody order. When an issue as important as child relocation is involved, each parent should contact an attorney to represent their interests and ensure that no court order is violated. Violation of a divorce decree or child custody order leaves a parent at risk of being held in contempt.

Whether you are seeking to relocate with your child, or are contesting a custodial parent's attempt to modify geographical restrictions, it is important to contact an experienced family law attorney to discuss your options.