Imagine you finalized your divorce in 2017. Since then, you and your ex-spouse have lived close to one another, sharing custody of the kids without any major disruptions. Your children attend the same school, enjoy the same friends, and maintain a familiar routine. Having your ex nearby makes communication and logistics manageable. Life post-divorce has been smooth for everyone involved.
However, few things in life stay constant forever. If you decide to move to another state—whether for a new job, a relationship, or other reasons—this major shift could create challenges with your existing custody arrangement. Relocating requires careful planning and may lead to modifications of your court orders. After all, a visitation schedule that works locally becomes unfeasible when hundreds of miles separate parents.
Why Relocation Cases Can Be Difficult
Relocating after divorce is rarely simple, especially when child custody is involved. Texas courts treat relocation as more than just a move; it’s a significant change that directly affects your children’s lives and their relationship with the other parent. While temporary custody adjustments can often be made informally, relocation is a more permanent change that requires legal modifications.
For parents, this process can become emotional and contentious. You may want to move for personal growth, but your ex-spouse may see it as a disruption to their relationship with the kids. Whether the court grants or denies relocation hinges on one critical question: Is this move in the best interest of your children?
Custody Order Guidance: What Relocation Means in Texas Child Custody Cases
In Texas, relocation typically refers to a parent’s desire to move their children a considerable distance—usually out of the area or state. Smaller moves, like within the same city, often don’t require significant custody changes. However, a major move can disrupt visitation schedules and parental access, which Texas courts take seriously.
While most families avoid big moves during divorce proceedings, life circumstances often change in the years after. Maybe you accepted a job offer in another state, or you want to move closer to family for support. Regardless of the reason, relocation impacts everyone involved, and the process requires thoughtful planning.
Two Types of Approaches in Divorce and Relocation
When it comes to divorce, people tend to fall into two personality types:
The Peacekeeper
Some parents focus on keeping life stable during the divorce process. They often make concessions to avoid conflict and prioritise their children’s needs. While admirable, this approach can backfire if it leads to court orders that don’t align with their long-term needs.
For instance, you might have agreed to a strict custody order during divorce negotiations because it felt like the right choice at the time. But circumstances change. Relocating under an outdated agreement can become unnecessarily complicated.
The Hard-Charger
Other parents take a more determined, hard-nosed approach. Once they set a goal, they’re reluctant to budge. This mindset can be beneficial when standing firm on critical issues, but it can also create challenges. For example, insisting on keeping your children in a specific school district may seem right today, but it could restrict your flexibility later.
If you identify with either of these traits, it’s essential to recognise them early. Flexibility and long-term planning are critical when it comes to relocation cases.
Why Life Changes Require Custody Modifications
No one’s circumstances stay the same forever. Over time, you may experience significant life changes:
- A new job in another state
- Remarriage or a new relationship
- Financial opportunities in a different area
- Health concerns that require moving closer to family
These changes often force parents to reassess their custody agreements. A visitation schedule that works when you live 10 miles apart will fail if you’re 500 miles away. In these cases, modifying your court order becomes necessary.
How to Pursue a Custody Modification for Relocation
Start with Your Co-Parent
The easiest path to relocation involves reaching an agreement with your ex-spouse. Start with open, honest communication. Explain why you want to move and discuss how you plan to maintain their relationship with the kids.
Key issues to address include:
- Adjusting visitation schedules
- Sharing travel costs for long-distance visits
- Considering virtual visitation (e.g., video calls)
- Potential changes to child support
If you can agree on these terms, your attorney can formalize them into a modified court order. An agreed modification saves time, money, and stress compared to a contested court battle.
What Happens When Your Ex-Spouse Doesn’t Agree?
If your co-parent opposes the move, you will face a contested modification case. These cases often end up in court, where a judge will decide based on the children’s best interests. The judge will consider factors such as:
- The child’s current relationship with both parents
- The reasons for the move (e.g., better job, improved quality of life)
- The impact on the child’s education, social life, and overall well-being
- Whether the move disrupts stability or parental access
Simply getting a higher-paying job isn’t enough to justify relocation. Courts value the child’s bond with both parents, so you must present a compelling case that the move benefits the kids.
Custody Order Guidance: The Challenges of Relocation Cases
Relocation cases stand out because they leave little room for compromise. Unlike other custody issues where middle ground exists, relocation is all-or-nothing. If you want to move 500 miles for a new job, there’s no option to settle halfway.
For this reason, judges often approach relocation cautiously. Even if your proposed move seems beneficial to you, the court’s priority is ensuring minimal disruption to your children’s lives.
Why You Need Legal Guidance
If you’re considering relocation, hiring an experienced family law attorney is essential. Relocation cases require a strong legal strategy, clear arguments, and thorough preparation. A knowledgeable attorney will help you:
- Negotiate with your co-parent effectively
- Present a compelling case in court
- Anticipate challenges and address concerns proactively
While relocating can feel overwhelming, proper guidance helps you make informed decisions that prioritize your children’s well-being.
Custody Order Guidance: Plan for the Future During Divorce Negotiations
If you’re currently going through a divorce, plan for potential life changes now. Build flexibility into your custody agreement. For example, include provisions that allow modifications under specific circumstances, like job relocations or changes in schooling. This foresight can save you from legal hurdles down the road.
Final Thoughts on Parental Relocation
Relocation after divorce is a complex, emotional process that requires careful consideration. If you plan to move out of Texas with your children, work closely with your co-parent to reach an agreement. If that isn’t possible, prepare for a contested case and understand the court’s focus on your children’s best interests.
Need Legal Help? Contact the Law Office of Bryan Fagan
If you have questions about relocation or child custody modifications in Texas, contact the Law Office of Bryan Fagan. Our experienced family law attorneys offer free consultations to discuss your circumstances. We’re here to guide you through every step of the process and help you make decisions that benefit your family.
Other Related Articles:
- Do you Have any Reasons to Modify Your Custody Order?
- What if You Don’t have a Custody Order and You Move?
- Does your custody order need to be modified?
- What do you Risk if the Custody Order is not Modified before you move?
- Changing your Texas child custody order
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
