Divorce often marks the beginning of new chapters for families. But when one parent wants to move away after the divorce, whether for a job, a new marriage, or simply a fresh start, it can cause major disputes about custody and visitation.
Relocation cases are among the most difficult in family law because they often involve two good parents who both want what is best for their child but envision that future in different places. Understanding how courts handle relocation requests can help you protect your relationship with your child and make informed decisions.
The Basics: What Is a Relocation Request?
In Texas and most other states, if a parent who has custody (or joint custody) wants to move a significant distance away, particularly outside the current geographic restriction, they must either: get the other parent’s written consent, or petition the court for permission to relocate
How Texas Courts Analyze Relocation Requests
Texas courts focus heavily on the “best interests of the child” standard. Judges consider:
- The child’s relationship with both parents
- The child’s age, needs, and preferences (if mature enough)
- The reason for the move
- The impact on the child’s emotional, educational, and social development
- The ability to maintain a strong relationship with the non-relocating parent
Burden of Proof in Relocation Cases
The parent seeking relocation carries the burden of proving that the move is in the child’s best interests. Simply stating that the move benefits the parent (better job, closer to extended family) is not enough, the focus must stay on how the move benefits the child.
Possible Outcomes of a Relocation Case
- Relocation Approved: The parent is allowed to move, with adjustments to the visitation schedule.
- Relocation Denied: The parent must stay within the court-ordered geographic area if they wish to retain primary custody.
- Custody Modification: If the relocating parent insists on moving anyway, custody may shift to the non-moving parent.
Tips for Parents Facing a Relocation Dispute
If You Want to Move:
- Prepare a detailed relocation plan showing educational, financial, and emotional benefits for the child.
- Propose a robust visitation schedule for the other parent.
- Maintain open, respectful communication.
If You Want to Oppose the Move:
- Gather evidence of your strong involvement in the child’s life.
- Highlight the disruption to the child’s stability and relationships.
- Propose alternative solutions (e.g., remote work, local job searches).
Special Considerations
- Military Families: Service members often face unique relocation challenges.
- International Relocations: Moving abroad with a child triggers different legal standards.
- Emergency Moves: Courts may allow temporary relocations in cases of domestic violence or urgent medical needs.
How can we help
When one parent wants to relocate after a divorce, the ripple effects on custody, visitation, and the parent-child bond are profound. Courts tread carefully, weighing not just a parent’s desires but the child’s emotional stability, educational needs, and overall well-being. Whether you’re seeking to relocate or fighting to preserve your time with your child, early preparation, strong evidence, and skilled legal guidance can make all the difference.
At our firm, we have extensive experience assisting clients with divorce cases. Our team includes a board-certified family law attorney, with advanced business degrees, and a specialist in negotiation and mediation. Contact us at 832-538-0833 to schedule a consultation and get personalized legal advice on your situation.