If a new job, wanting to live near family, or simply wanting a fresh start makes you consider moving out of state with your child, most Texas custody orders require advance written notice, often 60 days. The Texas courts believe that both parents should be actively involved in a child’s life. If you are the primary parent and want to take your child out of state, you still need the other parent’s approval. This process can be confusing, so you should speak with our San Antonio child custody attorney today.
Custody Agreements Often Have Geographic Restrictions
Most custody agreements include geographic restrictions that limit how far apart the parents can live. A custody or possession order may require both parents to live in the same county. These restrictions prevent disruptions in a child’s schooling, extracurricular activities, or medical care.
Nevertheless, these restrictions can pose a problem when one parent remarries and decides to relocate. Many possession orders do allow these restrictions to be lifted in these situations. Even so, Texas law sets out strict requirements when a parent wants to relocate a child out of state.
Petition the Court for a Modification
Do not assume that a new job or other compelling reason will automatically cause the court to approve a modification to an existing order. Instead, you will need to request court approval for relocating your child out of state. The court will need practical evidence to show why the move is in your child’s best interest. This evidence will include how the move will promote your child’s physical, emotional, developmental, and educational needs.
Also, you will want to show evidence that the school your child will be going to will provide a quality education and that you are moving to a safe neighborhood. To sway the court, you will want to provide documentation of all of this, as well as a clear explanation for your move. You must receive a formal court order modifying the geographic location before finalizing the move.
What if the Other Parent Does Not Consent?
You must provide written notice to the other parent at least 60 days before relocating. Do not finalize any plans to move until you receive written consent. If the parent objects to the move, you can still file a Petition to Modify the Parent-Child Relationship, which, if approved by the court, allows you to move. Moving without the other parent’s or court approval can lead to serious repercussions, including being held in contempt of court.
The moment that you realize that you need to move your child out of state is the moment that you should speak with our San Antonio child custody lawyer. Our family law attorney can help you request court approval and ensure all legal requirements are met.
Speak with Our San Antonio Child Custody Lawyer Today
Deciding to relocate your child out of state comes with many challenges, including obtaining a modification to an existing possession order. At The Cook Law Firm & Associates PLLC, our San Antonio child custody attorney is committed to doing whatever is best for you and your child. To discuss your next steps, contact our office online or by calling (210) 740-0281.