Relocating Custodial Children in Texas

Jul 9, 2021Child Custody

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The Texas Academy of Family Law Specialist is a professional organization of Board Certified family law attorneys.
IAFL is a worldwide association of practising lawyers who are recognised by their peers as the most experienced and skilled family law specialists in their respective countries.
The Texas Bar College is a professional society of legal scholars who are leaders in the Texas legal community and champions of legal education.

Family law in Texas mandates the best interests of the child are the primary concern when in custody decisions. Relocation of a Texas custodial child has dramatic impacts on the minors in question; because of this there are specific guidelines to control and regulate the procedure and mitigate any possible trauma.

Disputes over relocation in Texas happen if one parent that shares conservatorship objects to a move asked by the other parent. This is a difficult situation for every party, the presumption is that in most cases children will suffer by loss of easy access to both parents. Courts often are forced to make decisions 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 ensures provisions for separate conservatorship and control of possession and access; meaning 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.

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