Relocating Your Children During a Divorce or Custody Modification in Texas: Key Considerations

Relocating your children during a divorce or a custody modification is a challenging legal process in Texas. Whether you're seeking a fresh start, a new job opportunity, or need to care for a sick family member, relocating with your children requires thorough legal planning. Family law courts in Texas prioritize stability for children, making relocation a difficult but not impossible request. This blog explores what you need to know about relocating your children in Texas, from court considerations to potential jury involvement, and how to approach this situation strategically.

Why Is Relocation So Difficult in Texas?

Texas courts are often reluctant to approve relocations during custody modifications or divorce cases. The main reason is that the courts place a high priority on stability for children. Stability means keeping children in the same school, around the same friends, and in familiar surroundings. When parents split, the courts prefer that the children’s day-to-day life remains as uninterrupted as possible. Moving away from one parent or a stable environment can disrupt this balance.But life isn’t always so simple. Sometimes, opportunities arise that make relocation seem necessary. For instance, you may have a new job in another state or need to care for a family member in a different city. These are real-world scenarios that can prompt a request for relocation. However, Texas courts will scrutinize these requests carefully, and the burden of proof often lies with the parent wanting to move.

What Factors Do Courts Consider in Relocation Requests?

Courts take into account several factors when deciding whether to allow a parent to relocate with their children. Some key factors include:

• Child’s best interests: This is always the top priority. The court will examine how the relocation will impact the child’s emotional, educational, and social well-being.

• Parental involvement: The current level of involvement by both parents plays a significant role. If the other parent is highly involved in the child's life, it could weigh heavily against relocation.

• Job opportunities: Courts will consider whether the parent seeking relocation has better job prospects in the new location and how this will affect the family’s financial stability.

• Family support: Having a family support network in the new location, such as grandparents or extended family, could influence the court's decision, especially if the support could improve the child’s well-being.

• Educational opportunities: Whether the new location offers better educational or extracurricular opportunities for the child is another factor the court may take into consideration.

• Financial impact: The court will also look at how the relocation will financially impact both the parent and the children, including costs of transportation and maintaining relationships with both parents.

Can Relocation Requests Be Decided by a Jury?

Texas is unique in allowing a jury to decide certain issues in family law cases, including the right to determine a child’s primary residence and any geographic restrictions. This can be an advantage if you feel that a judge may not fully understand or sympathize with your reasons for relocating. Juries can sometimes be more open to hearing your personal story, whether it's a better job opportunity, family obligations, or another compelling reason to move.A jury of your peers might be more empathetic to circumstances such as needing to relocate for a job that will significantly improve your family’s financial situation or to care for an ailing parent. However, presenting your case to a jury comes with its own set of challenges. You need to carefully present the facts and explain why relocation is truly in your child's best interests.

What Are Common Reasons Courts Deny Relocation Requests?

While there are valid reasons to request relocation, many requests are denied. Some common reasons include:

• Relocating for a new relationship: Courts are unlikely to approve a move if your primary reason for relocating is that you met someone new in another city or state. The stability of the children remains the priority, and judges and juries are hesitant to uproot children for new romantic relationships.

• Minimal planning: Relocation requests are often denied when the parent seeking the move hasn’t fully thought through the long-term impact of the move. You need to present a well-thought-out plan for the child's education, health care, and social connections in the new location.

• Disruption to the child's relationship with the other parent: If the other parent has been consistently involved in the child's life, and the relocation would disrupt that relationship, courts are less likely to approve the move.

Preparing for a Relocation Request: What Should You Do?

If you’re considering relocating your children during a divorce or custody modification, it's essential to start planning early. Even if your desired move is a few months or years away, you should begin laying the groundwork now. Some key steps to prepare include:

• Documenting the need for relocation: Keep records of job offers, family support networks, or other compelling reasons why the move is necessary.

• Showing cooperation with the other parent: Courts are more likely to approve relocation if the other parent agrees to it. If possible, try to reach an agreement with the other parent about the move.

• Developing a parenting plan: You should have a detailed plan for maintaining the child's relationship with the other parent, including visitation schedules and transportation arrangements.

• Considering mediation: If you and the other parent are on speaking terms, mediation could help you come to an agreement without the need for a contentious court battle.

Is Relocation the Right Decision for Your Family?

Relocating children during a divorce or custody modification is never an easy decision. The courts want what's best for the children, and they often view stability as being paramount to that goal. However, life sometimes throws curveballs that make staying put an unrealistic option. Whether you're seeking better job opportunities, needing to care for family, or facing other significant life changes, you must be prepared to present a strong case for relocation.If you're considering relocating your children, now is the time to seek legal advice. A family law attorney can guide you through the complexities of Texas law, helping you understand your rights and the best way to approach your case.Need guidance on child custody relocation in Texas? Contact Hembree Bell Law today at 512-351-3168 or visit www.hembreebell.com to schedule your Free Case Evaluation.