Unlike other states, Texas does not have detailed requirements on the books about what parents must do if they have custody, or conservatorship, over their children and need to move for a job or for some other reason.
Many Texas courts will appoint both parents as joint managing conservators, which means both parents have the authority to make important decisions on behalf of their minor children.
However, whether the parents agree to this arrangement or the judge orders it, one parent must have the right to decide where the child lives.
The court’s orders may allow that parent to decide where the child lives with no restrictions, or the court could require that parent to stay within a certain geographic area.
When making these orders, judges must consider the children’s best interests, just as they must in any other decision involving child custody.
Practically speaking, before deciding on whether to move, a parent should review their custody orders and follow those orders. They apply until the court changes them, and a parent may face significant legal consequences for violating them.
If either parent wants a change in these orders, they will have to ask the court for a modification of the orders or see if they can get the other parent to agree and the court to approve the agreement.
Relocation issues in Texas can be challenging
Especially without the other parent’s agreement, altering a conservatorship order can be challenging. Subject to a couple of exceptions, the parent wanting the modification will have to show what circumstances have significantly changed since the last order.
As always, the parent will also have to show that the change they want is in the child’s best interest. Effectively, they will need to show how their move is best for the children.
It is important at the outset of a custody case for a parent in Rockwall County to think through whether they or the other parent might move away from the area and then plan their legal strategy accordingly.
Being able to move if needed and maintain a good relationship with their children is important to many Texas parents. Whether at the outset of a custody matter or as part of a modification, a parent will need to make sure they protect their legal interests.
