Custodial child relocation in Texas

Texas family law mandates that the best interests of the child are of primary concern when making any decisions relating to custody. Relocation of a custodial child is felt to have a dramatic impact on the life of the minor in question, so there are specific guidelines in place to control and regulate the procedure and mitigate any possible trauma.

Disputes over relocation arise when one parent that shares conservatorship duties objects to a move proposed by the other parent. This is a difficult situation for all concerned, as the presumption is that in most cases the child will suffer by loss of easy access to both parents. The courts will often be forced to make a decision in such matters after carefully weighing all available factors. In some cases they may even move to block a custodial parent from leaving the state.

Texas makes provisions for separate conservatorship and control of possession and access. This means that a non-custodial parent can still be an important part of all life decisions for the child, which is referred to as the right of conservatorship, even when lacking in possession or access to the child by reason of relocation.

Parenting rights are, when appropriate, well-protected by Texas courts. Situations do arise, however, where parents may disagree with each other's interpretation of the best interests of the child. When faced with a relocation dispute, Texas courts will take into account the reasons for the custodial parent's proposed move. If it is determined that the parent is choosing to move closer to his or her family for financial support reasons, the court may consider that to be persuasive. Those faced with such a situation will likely find the input of a family law attorney to be important.

Source: Findlaw, "Child Custody Relocation Laws", November 05, 2014

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