When parents separate or divorce, one of the most complicated parts of the custody agreement can be what happens if one parent wants to move. Whether it’s for a new job, to be closer to family, or for a fresh start, relocation affects both the child’s life and the rights of the other parent. In Texas, the court takes these decisions seriously because they directly impact the child’s well-being and the parent-child relationship.
But is it possible to limit relocation in a custody agreement? Can you stop the other parent from moving away with your child?
The answer depends on the details of your case and the laws in Texas!
In this blog, we’ll break everything down clearly what the law says, what rights each parent has, and how the courts view relocation. We’ll also share common scenarios, helpful examples, and how a divorce attorney in Fort Worth can help you protect your rights.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
What Is a Relocation Restriction?
A relocation restriction is a rule in a custody order that limits where the child can live. These rules are often included in the final divorce or custody decree.
For example, the court may say the child has to stay within Tarrant County or within a certain number of miles from the other parent. This protects the relationship between the child and both parents, especially the one who does not have primary custody.
These restrictions are very common in Texas, especially in contested divorce cases or when both parents want to stay involved in the child’s life.
What the Texas Family Code Says About Relocation
Under the Texas Family Code Section 153.001, the main goal of the court is to make decisions that are in the best interest of the child. When it comes to relocation, the court looks at many factors to decide what’s best.
The specific law that governs relocation is Texas Family Code Section 153.134. This section talks about how the court can restrict the residence of the child.
Texas Family Code § 153.134(b)(1)(A):
“establish, until modified by further order, a geographic area within which the conservator shall maintain the child’s primary residence”
This means that the court can decide and include in the order where the child is allowed to live.
If there is no geographic restriction, then the parent with primary custody can move, but if there is a restriction, they need court approval to relocate outside of the allowed area.
Common Relocation Scenarios in Custody Cases
Let’s break this down with some real-life examples:
- A Parent Gets a New Job Offer in Another City
Sarah, who has primary custody, receives a job offer in Austin. The court order says the child must live in Tarrant County. Before Sarah can move, she must file a motion and ask the court to modify the order.
If the move makes it harder for the other parent to see the child, the court may deny it unless the move clearly benefits the child.
- The Other Parent Stops Visiting the Child
Jake has weekend visitation rights but hasn’t shown up for months. Maria, the primary conservator, wants to move to Houston to be near family. In this case, the court may consider lifting the geographic restriction if it sees that Jake isn’t maintaining a meaningful relationship with the child.
- Joint Custody Arrangement
In cases of joint custody, both parents usually live near each other. If one parent wants to move far away, it affects the child’s routine and access to both parents. Courts are very cautious about approving such relocations.
Can You Add a Relocation Clause to a Custody Agreement?
Yes. If you are in the process of divorce or finalizing custody arrangements, your affordable family lawyer or Cleburne family law attorney can request a specific clause that limits relocation. This can be based on:
- Distance (e.g., must stay within 50 miles)
- County or city limits
- Proximity to the other parent
This clause can prevent surprise relocations and protect the bond with your child. A family law attorney in Texas can help you draft clear language that holds up in court.
What Happens If a Parent Moves Without Permission?
If the custody order includes a geographic restriction and the parent moves anyway, they can be held in contempt of court. The other parent can file a motion to enforce the order and ask the court to make the parent return.
This is serious, as the moving parent could face legal penalties, including fines or even a change in custody.
Factors Courts Consider Before Approving Relocation
The court will always ask: Is this in the child’s best interest? According to Texas Family Code § 153.002, the child’s well-being is the top priority. Here’s what the court looks at:
- Reason for the move (job, family, safety, etc.)
- Distance of the move
- Impact on the child’s education, health, and stability
- How the move affects the child’s relationship with the other parent
- Whether the parents can still maintain a strong co-parenting relationship
The Role of an Attorney in Relocation Cases
Relocation cases are complex. Whether you are the parent wanting to move or the one trying to stop a move, you need experienced help. At Turner Monahan, we offer strategic support in relocation cases, including:
- Fighting for your child’s best interest
- Modifying custody or visitation orders
- Defending against relocation requests
- Enforcing geographic restrictions
Whether you need divorce assistance, help with legal separation, or support during a dissolution of marriage, our team is here.
If you are looking for an affordable divorce attorney near you, a spousal maintenance attorney, or help with a prenuptial agreement lawyer, we cover all family law needs. We’ve assisted clients with divorce asset splits, marriage asset divisions, and postnuptial agreement services.
We’re also proud to be a go-to firm for clients searching for the best divorce attorney in Fort Worth, Tarrant County, or those needing a Dallas family law attorney. With over 50 years of experience, our divorce firm is here to give you clarity, direction, and confidence.
Turner Monahan PLLC – Here to Support You
When it comes to family law, every detail matters, especially when your child’s future is at stake. Relocation is more than just a move; it can change everything about your parenting schedule and your child’s life. That’s why it’s important to take legal steps early and make sure your custody order protects your rights.
At Turner Monahan PLLC, we don’t just handle paperwork. We listen, plan, and fight for what matters to you. Our attorney family team offers help in divorce proceedings, divorce with dignity, and high-conflict issues like relocation and custody.
Your peace of mind matters, and at Turner Monahan, we’re ready to help you protect it. Schedule a free, no-obligation consultation with Attorney Tyler Monahan to discuss the details.
Disclaimer
The commentary and opinions are for informational and educational purposes only and are not intended to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PLLC, by signing a written retainer agreement.
