How Do Texas Courts Determine Child Relocation?

Oftentimes, after a divorce, a child’s custodial parent will wish to move away with their child. That being said, oftentimes, relocating with a child without the other parent’s consent requires the assistance of an experienced Texas family law attorney. Please read on and reach out to our firm to learn more about what Texas courts will consider when determining child relocation and how our firm can help you through the legal process ahead.

What do Texas courts consider when determining child custody?

The first thing you should understand is that a custodial parent does not require permission to relocate with their child within the area specified in their court order: typically the county they reside in, or any of the counties that touch their county. However, a custodial parent will need permission from the other parent to relocate with their child if they are looking to move out of state or anywhere outside the area specified in the current order. If they do not have the other parent’s permission, they will need to obtain a new court order.

If the noncustodial parent rejects the relocation of their child, the custodial parent will then have to prove to the courts that relocation would be in the child’s best interests. When determining whether the relocation will be approved, Texas courts will consider the following factors:

  • The reason the custodial parent wishes to relocate
  • The reason why the noncustodial parent opposes the relocation
  • Whether the move will benefit the child emotionally, economically, or socially
  • Whether the relocation is to enroll a child in a better school
  • Whether the relocation is to move closer to another family member
  • Whether the move is so the custodial parent can get a higher-paying job/attend school to achieve a higher-paying job
  • Whether the child opposes the relocation and if so, the reasoning behind the opposition
  • Any other factors the court may deem relevant

The most important factor that the court will consider when making a decision regarding the relocation of your child is your child’s best interests. Give our firm a call today to retain our services. Our firm will ensure that your child’s best interests are protected. If you have any additional questions about this process, do not hesitate to contact us.

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If you are looking for an expert Montgomery County divorce lawyer, Bolton Law is the right law firm for you. Bolton Law’s legal team handles all family law matters, including divorce, child custody, child support, alimony, and much more. Contact Bolton Law today to schedule your initial consultation.