Can You Move Away With a Minor Child After Your Marriage Is Terminated?
In the wake of a divorce, relocating can offer many benefits. You may want to move to be closer to family or to take a new (and maybe better-paying) job. When there are minor children of the marriage, though, moving away can be problematic. What does Texas law say about the right of a custodial parent to relocate with a minor child? What requirements must be met before a parent can leave the local area, or even the state, with a minor child in tow?
Can a Custodial Parent in Texas Move and Take a Minor Child?
Texas favors a “geographic restriction” and only allows a custodial parent to relocate with a minor child under limited circumstances. First and foremost, the court will consider the best interests of the minor child and approve the move only if it promotes those interests and does not substantially or unreasonably impede or affect the non-custodial parent’s rights and duties, especially if the move prevents meaningful regular visitation.
Under Texas law, it is presumed that a minor child’s best interests are served through a geographic restriction to a town, school district or county (or even surrounding counties) to enable regular and consistent time with and access to both parents. Other factors the court will consider when evaluating whether a relocation is in the best interests of a minor child include:
- The child’s age—Generally, the younger the child, the less inclined the court will be to allow a move that significantly reduces time with a non-custodial parent or diminishes the frequency of those visits.
- The physical and emotional health of the child
- The relationship that the child has had with each parent—A court may be more willing to allow a move if the non-custodial parent has not been actively involved in the child’s life
- The ability of each parent to provide for the child—The court may have to balance the child’s need for regular access to both parents with the needs of each parent to provide financially for the minor child. Accordingly, the court may allow a move for employment that permits the custodial parent to meet their financial obligations to the child.
- The impact the move will have on the child’s social and educational interactions—If the child has a well-developed social network, or has special educational needs that are currently being met, the court may be reluctant to allow a move that would require that the child establish new social or academic networks.
It should be noted, however, that in situations where one parent is granted sole managing conservatorship of a minor child (usually to protect the child from bad things), that parent typically may move away without limitations. It’s only when the parties are given joint managing conservatorship (the majority of cases in Texas) where the custodial parent needs the consent of the other parent or approval of the court to relocate, unless the other parent already moved away (which waives the geographic restrictions).
Contact The Loftin Firm for Proven Divorce Counsel
Good results don’t just happen. They’re a product of experience, skill, knowledge, and hard work. That’s the advantage you’ll get with The Loftin Firm. Over the past quarter of a century, The Loftin Firm has represented countless people in Texas divorce proceedings, including clients seeking to relocate with a minor child or challenge a former spouse’s attempt to move away with a minor child. We can anticipate the arguments of opposing counsel and take the necessary steps to protect your rights.
Contact The Loftin Firm online or call attorney Loftin at 817-441-8933 to set up an appointment. There is no cost or obligation for your first meeting.
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