A new job, lower housing costs or support from relatives may make moving feel like the right step for your family. However, a Texas custody order may limit where your child can live. Before making plans, you need to understand what the order allows and whether you must obtain permission to relocate.
Check what your custody order allows
Texas court documents use conservatorship to describe parental rights and decision-making and possession and access to describe parenting time. The order may restrict the child’s primary residence to a county, nearby counties or another defined area; alternatively, it may permit a residence without geographic restrictions.
The limit usually applies to your child’s main home, not your own. Check whether it ends if the other parent moves or whether a signed agreement can approve another location.
Requesting permission to relocate
If the existing terms prohibit the move, you may need a modification because filing alone does not suspend the restriction.
If the other parent opposes your request, you generally must show a material and substantial change, meaning an important change in your family’s circumstances, and prove that the move serves your child’s best interest. Relevant evidence may include:
- The purpose of relocation and its anticipated benefits
- Housing, school, health care and child care plans
- Your child’s relationships with each parent and extended family
- A proposed possession schedule and transportation plan
- Allocation of additional transportation expenses
The judge may also consider the distance involved and whether a revised schedule would preserve meaningful contact with both parents.
Avoid violating the current order
Moving your child’s main home outside the permitted area without permission may lead the other parent to ask the court to enforce the order or hold you in contempt for disobeying it. Final orders involving child support or parenting time generally require written notice of an intended address change to the other parent, the court and the state case registry 60 days beforehand. If you could not have known that early, notice is generally due within five days after you learn of the change. Notice alone does not authorize relocation.
Allow time for the court process
Your preferred moving date may arrive before the court resolves a disputed request. Starting early gives you more time to coordinate a job start date, lease and school enrollment. A family law attorney can explain the likely timeline and help you prepare for each stage.