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What if I Object to My Ex Moving My Child Out of Texas?

Posted on in Child Custody

TX divorce lawyerDivorced parents face many unique obstacles and challenges that married parents never encounter. Not only do divorced parents have to find a way to co-parent their children effectively they may also encounter complex child custody disputes. One such dispute arises when a parent wishes to move out of state. If your ex is trying to move your child out of Texas, it is important to understand your rights and explore your legal options.

Child Relocations and Joint Managing Conservatorship

Texas courts presume that it is best for children to maintain a relationship with both of their parents. Unless there is a history of parental abuse, domestic violence, or neglect, courts typically prefer joint custody or “joint managing conservatorship” as it is called in Texas law. This means that both parents have a say in the child’s upbringing – including where the child lives. However, even if there is a joint managing conservatorship arrangement, one parent may be the primary parent or primary custodian.

Texas parenting plans usually place restrictions on where a primary parent may move a child. The parent may move to a neighboring county, for example, but not across the country. Parents who wish to move their child out of state typically need a court order to do so.

Texas Law Regarding Child Relocation

Texas courts prioritize the child’s best interests above all else in a child custody dispute or other child-related legal matter. It is generally accepted that moving a child away from one of their parents will adversely affect the child (save for the exceptions mentioned above.) If your ex is trying to move your child out of state, you may be able to contest the relocation.

When deciding whether to allow a child relocation, Texas courts consider:

  • The reasons for the proposed move
  • The reasons you are contesting the move
  • Your relationship with your child
  • Your ability to finance a long-distance relationship with your child
  • The potential for the relocation to harm the child’s emotional and psychological wellbeing
  • The child’s preferences (if he or she is over age 12)

Contact an Austin Complex Custody Dispute Lawyer

If your child’s other parent is trying to relocate him or her out of state, you may be able to contest the relocation. The skilled Austin family law attorneys at Powers and Kerr, PLLC are highly experienced in complex child custody issues including relocations and custody modifications. We can help you understand and assert your rights. Call our office today at 512-610-6199 for a free, confidential consultation.



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