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What are my options if I need to move away?

| Mar 22, 2021 | Child Custody |

Many parents in League City and other parts of the greater Houston area may run into a situation where they feel like a move is the next right step or even a necessary decision.

Sometimes, job opportunities or a legitimate family need may require a move to another state. Moreover, since Texas is a large state, even a move to a different city or region within the state can have a profound impact on custody and parenting time.

Even a move to another part of the metro area could make an existing parenting time schedule unworkable.

Parents must follow their courts orders, Texas law when moving

There are many legitimate reasons for needing to move, even if it means one parent will have a harder time being involved with her kids.

Moves, even over a long distance, are not absolutely prohibited for those who are subject to what Texas calls conservatorship and access orders.

Still, it is important for a parent to review his custody order carefully if he is planning to move or if he wants to know what his rights are to oppose a move. Frequently, conservatorship and access orders include language which requires a parent to get the court’s permission or the other parent’s agreement before moving a certain distance.

Furthermore, because Texas prefers these arrangements, most parents will have what is called a joint managing conservatorship.

This means that both parents share in the power to make significant decisions for their children, including the decision about where the child lives.

In other words, if parents are joint managing conservators, both must agree to move or the parent wanting to move will need to ask the court to change its orders to explicitly allow the move.

Finally, even if one parent has sole managing conservatorship, the other parent can still attempt to prevent the move.

Relocations when a Houston-area resident is subject to a court-ordered parenting plan can be complicated. A person considering a move should evaluate her legal options carefully.