Legal Expert

Relocation

Your Texas conservatorship (also known as child custody) role was handed down by the court at the time of your divorce, and this generally dictates within which geographical area you and the children must reside. This is intended to help ensure that both parents can continue to forge deep, meaningful relationships with their children. Life, however, has a way of throwing new twists and turns our way, and sometimes, a move is in order. If you’re facing the need to relocate with your children, working closely with an experienced Austin relocation attorney at Philley Law is well-advised.

Pursuing a Relocation

You can pursue a relocation either via court-ordered modification or an agreement with your ex. Let’s consider both more carefully:

Reaching an Agreement

If you are facing a move, it is well within your rights to attempt to reach an agreement with your ex that will allow him or her to continue seeing the children on a modified schedule. Even if your ex agrees to your plans, however, there still may be issues that must be addressed by the court, such as modified child support and modified possession.

Life happens, and if you need to make a move to further your career, to obtain work, to accommodate your children’s unique interests or needs, to be closer to a support system such as your family, or for any other important reason, your ex may be willing to accommodate this change. It is still, however, important to memorialize this agreement in writing and to file it with the court. The fact is that your court orders stand until they are modified, and moving away with your children on your ex’s word alone could leave you in contempt of those court orders. Filing your agreement with the court is always in the best interest of your relocation.

Requesting the Court’s Intervention

If your ex is not interested in entering into an agreement with you regarding your request for relocation, you can ask the court for a modification to your conservatorship that will allow you to move outside the geographical parameters therein. The court bases all such decisions on the best interests of the child – tempered by the fact that it promotes the child’s ongoing relationships with both parents – which means it will carefully weigh every element of your request.

If you seek a move that is based on improving your child’s circumstances, such as to facilitate increased earnings, closer relationships with members of their extended family, enhanced educational opportunities, and more, these factors may improve your chances of obtaining a modification. Other factors, such as your willingness to more fully accommodate your ex’s ability to see the children (such as flying the child back and forth and/or making other concessions), can also play a determinative role in the court’s decision-making process.