Relocation after a divorce is a complex issue that can significantly impact both parents and children. Understanding the legal framework and how courts address these situations is essential for any parent considering a move.
In the video, Atty. Tina Campbell and Atty. Heather Ogier of Turner-Monahan PLLC discuss the key factors and considerations involved in relocation cases in Texas. All case evaluations are based on Texas Family Law. This content is for educational purposes only.
Geographic Restrictions in Texas
In Texas, courts generally enforce a geographic restriction to keep children within a specific area. This restriction typically applies to the parent who determines the child’s primary residence. For example, in the Metroplex area, the restriction often covers Tarrant County and its neighboring counties. This means the parent with primary custody can move anywhere within these counties but cannot relocate beyond this area as long as the other parent resides nearby.
The goal is to minimize disruption for the child. Courts prioritize keeping children in their current schools and community to maintain stability. Moving far away can significantly impact the child’s routine, education, and relationship with the non-custodial parent.
Why Courts Favor Geographic Stability
Texas courts take the child’s best interests very seriously. They aim to limit significant changes to a child’s environment, particularly when both parents are actively involved. Relocating a child far from one parent can make regular contact challenging and disrupt the bond between the child and the non-custodial parent.
Even if one parent has a compelling reason for the move, like financial benefits or proximity to extended family; such reasons are often insufficient. For instance, wanting to live closer to family or taking a job that pays slightly more typically won’t convince a judge to allow relocation. The court considers how the move impacts the child’s relationship with the other parent and their overall stability.
Filing a Motion for Relocation
If a parent wishes to relocate, they must file a motion with the court. The court, not the parents, makes the final decision on relocation. Judges rarely grant relocation requests unless there are extraordinary circumstances. The process involves thorough evaluation, and strong, specific evidence is required to justify the move.
Preparing for the Long Term
Parents should understand that these restrictions are in place until the child turns 18 or graduates from high school. This is a reality that many parents may not expect when navigating post-divorce arrangements.
Factors Courts Consider for Relocation
When deciding on a relocation request, courts evaluate multiple factors to ensure the move aligns with the child’s best interests. Some of the key considerations include:
The Distance of the Move: A shorter move within the restricted area is less likely to disrupt the child’s life compared to a long-distance relocation.
The Parent’s Motive for Relocation: Courts assess whether the move is genuinely beneficial or an attempt to limit the other parent’s access to the child.
Impact on Visitation and Parenting Plans: Judges evaluate how the move would affect the non-custodial parent’s ability to maintain a meaningful relationship with the child.
Support System: The presence of extended family, educational opportunities, and a safe environment in the new location are also considered.
Public Policy on Parental Contact
Texas law emphasizes the importance of children maintaining frequent contact with both parents. The state believes it is in the child’s best interest to have a meaningful relationship with both parents, even if the parents no longer live together.
Children often express their desire for both parents to be present in their lives. They may even wish for their parents to live under the same roof despite conflicts. While this is not always feasible or in the child’s best interest, it highlights the importance of preserving strong relationships with both parents. This principle guides the court’s decisions and is reflected in the state’s public policy.
Alternatives to Relocation
If relocation is not approved, parents may explore alternative solutions to improve their situation without moving away:
- Flexible Custody Arrangements: Adjusting the custody schedule to accommodate both parents while staying within the restricted area.
- Job Search Support: Utilizing local resources or career services to find better employment opportunities nearby.
- Financial Planning: Budgeting or seeking financial advice to address economic challenges without relocation.
Mediation as an Option
Before filing a motion with the court, parents can consider mediation to resolve relocation disputes. Mediation allows both parties to negotiate terms and potentially reach an agreement without a prolonged court battle. This approach is often less stressful, faster, and more cost-effective. If successful, the mediated agreement can be submitted to the court for approval.
What Does the Texas Family Code Say About Relocation?
The Texas Family Code outlines specific statutes that govern relocation cases. Here are a few key sections relevant to this topic:
Texas Family Code § 153.001: This section emphasizes the state’s public policy to ensure frequent and continuing contact between the child and both parents. Courts are guided by this principle when considering relocation requests.
So, relating this statute with relocation, a move that hinders regular contact with the non-custodial parent may be denied.
Texas Family Code § 153.134: This section addresses geographic restrictions in custody orders, specifying where the child’s primary residence can be established.
Custody orders often explicitly define the geographic area where the child can live, such as a county or group of counties.
Texas Family Code § 156.102: This section covers the modification of custody or visitation orders, including relocation. It requires a demonstration of substantial change in circumstances to justify such modifications.
For example, a significant change, like a parent’s health issue requiring relocation for medical care, may meet this criterion.
Texas Family Code § 153.009: This statute allows courts to consider the child’s preferences in certain circumstances.
In relocation cases, an older child’s opinion on moving may be taken into account, though it is not the sole determining factor.
Consult with a family law attorney to gain a deeper understanding of these statutes and how they specifically apply to your unique circumstances.
Hire An Experienced Fort Worth, Texas, Divorce Attorney
Relocation decisions after a divorce are complex and require careful consideration of the child’s best interests, parental rights, and legal requirements. To navigate these challenges, consult with a knowledgeable family law attorney who can guide you through the process and help protect your rights. Schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
Check our website for more information about our services. Plus, don’t forget to go through our blog to find out more regarding your case. There is tons of information on divorce and answers to unique questions like “How Does Mediation Work In Texas?”
FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
- What Should I Bring With Me For My Initial Consultation With The Law Office Of Turner Monahan PLLC?
- What Is The Difference Between Prenuptial And Postnuptial Agreements?
- What Can I Do To Protect My Credit And Finances? My Ex Won’t Pay The Joint Card Payments?
- How Do You Get Medical Information From The Other Parent Who Is Keeping It From You?
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state for legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
