Can a parent who shares custody move with their children?

Moving on after a divorce can be difficult, especially when there are young children in the family. Parents do not have the luxury of a clean break the way that many other divorcing couples enjoy. They have to routinely see one another to exchange custody and must communicate regularly about their children.

Parents who are subject to a custody order have a legal obligation to uphold the terms of that order. Custody orders generally outline how parents should share decision-making authority and time with their children. The exact terms of the order depend on family circumstances.

Key aspects of the shared custody arrangement could change abruptly if one parent chooses to relocate. What are the rules that govern a parent moving away with minor children while they are subject to a custody order?

Pre-approval is generally necessary
The exact rules that govern relocations depend in part on how in-depth a custody order is. Some parents create parenting plans that impose unique provisions that differ from standard practices across Texas. For example, parents who feel strongly about keeping their children attending a particular school district may require advance notice for any relocation that could impact their children’s enrollment.

Under state law, any move out of the state or more than 100 miles away from a current residence generally requires pre-approval. The simplest way to obtain that pre-approval is through cooperation with the other parent. Both parents can agree to terms for modifying their custody order to allow the move. They can petition the courts for an uncontested modification.

Other times, the parents may disagree about the necessity of the move or how to adjust custody after the relocation. In those cases, litigation may be necessary. Family court judges hearing contested custody matters typically focus on the best interest of the children in the family. The parent proposing the move can present evidence showing that the move is likely to be beneficial, while the parent opposing the relocation can show why remaining closer to their residence is truly what the children require.

Securing approval from the appropriate parties is necessary when planning a move with minor children in a shared custody scenario. Parents who review their custody orders and understand the law may empower themselves to navigate what can be a difficult situation.

Vernier & Associates, PLLC

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