When parents separate or divorce, one of the most significant and often contentious issues is the arrangements for child visitation. A parent’s decision to relocate can affect these arrangements, especially if the move creates a physical distance that makes it more difficult for the child to maintain regular contact with the non-relocating parent. Understanding the legal framework governing parental relocation and its impact on visitation in Texas is crucial for parents who are navigating this challenge.
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Understanding Parental Relocation in Texas
In Texas, the legal definition of parental relocation involves a parent planning to move at least 100 miles away from their current residence, either within the state or to another state. Relocation doesn’t automatically change custody or visitation arrangements, but it can lead to adjustments that impact the child’s time with both parents. Texas law requires a parent intending to relocate to notify the other parent in writing, typically at least 60 days before the move. The law also provides a pathway for seeking court approval for the relocation if the other parent objects.
The parent wishing to relocate cannot simply make the decision without informing the other party or unilaterally changing visitation schedules. If there is a custody order in place, any change in the child’s living situation will likely require court approval, especially if the relocating parent wishes to modify visitation schedules to reflect the move.
When Relocation Affects Visitation
Visitation arrangements can become more complicated when one parent moves a significant distance away. A visitation schedule that worked well when both parents lived in close proximity may no longer be feasible. For example, if the move increases travel time and expense for the non-relocating parent, they may not be able to maintain regular, frequent visitation as originally intended. The non-relocating parent may face challenges in maintaining the established routine, especially if the child’s new location makes it difficult for them to travel easily.
In such cases, the non-relocating parent may object to the move, especially if they feel the change will negatively affect their relationship with the child. On the other hand, the relocating parent may argue that the move is in the child’s best interests, whether due to a job opportunity, family support, or other circumstances. Texas law requires that the relocating parent provide notice of the move, and if the other parent objects, the matter will likely be taken to court for resolution.
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How Texas Courts Address Relocation and Visitation
In Texas, the courts are primarily concerned with the best interests of the child. When determining whether to approve or deny a relocation, a judge will examine several factors. These include the reasons for the move, such as whether the relocating parent seeks better employment or is moving closer to family support. A judge will also consider the impact of the relocation on the child’s relationship with both parents, the child’s emotional and psychological well-being, and the feasibility of maintaining a meaningful relationship with both parents after the move.
One key issue that courts evaluate is whether the relocation will disrupt the child’s established relationship with the non-relocating parent. If the move would make it difficult for the non-relocating parent to spend time with the child, especially on a regular basis, the court may be less likely to approve the relocation. In some cases, the court may agree to the relocation but modify the visitation schedule to make it possible for the child to continue spending time with both parents. This might include longer visits during school breaks or holidays, depending on the specific circumstances.
Another critical factor is the child’s age and preference. While younger children may not have the ability to express their wishes, older children may have input on the situation. If the child is old enough, their preferences regarding the move and visitation arrangements may influence the court’s decision. However, the judge’s ultimate goal is to ensure that the child’s emotional and physical well-being is safeguarded.
What Happens After Relocation?
Once the court makes a decision regarding parental relocation, whether approving the move or denying it, the next step is determining how visitation will be affected. If the move is approved, the existing custody and visitation order may need to be modified. This can involve creating a new visitation schedule that takes into account the increased distance between the child and the non-relocating parent. The court may suggest extended visitation during school vacations, for example, or adjust the visitation schedule to accommodate the practical realities of the relocation.
In some cases, courts may also consider virtual visitation, especially if travel becomes too burdensome. Technology can provide an avenue for parents to maintain communication and a relationship with their child, even if they are physically far apart. Virtual visitation might include regular video calls or other forms of communication that can help bridge the gap created by the relocation.
The court may also assign responsibility for transportation costs, particularly if the relocating parent is the one causing the visitation schedule to change. This is another aspect that might be addressed in the modified order.
How to Handle Disagreements Over Relocation
Disagreements between parents over relocation are not uncommon. If one parent objects to the move, the matter may end up in court. In Texas, it is required that the relocating parent notify the other parent in writing, and if there is an objection, the case will be reviewed by a judge. In some cases, the court may order mediation to try to resolve the dispute before it escalates to a hearing. Mediation provides an opportunity for parents to discuss the situation and work together to find a resolution, but if an agreement is not reached, the matter will be decided by the court.
If the dispute goes to court, the judge will ultimately make the decision based on the best interests of the child, and the parents must abide by that decision. If you are facing a situation involving parental relocation and visitation, it is highly advisable to consult with a family law attorney who is experienced in handling these types of cases. An attorney can help you understand your rights, assist with mediation, and guide you through the court process if necessary.
Parental relocation in Texas can significantly affect child visitation arrangements. Whether you are the parent planning to relocate or the one opposing the move, understanding the legal process and the factors a court will consider is vital. Texas law prioritizes the well-being of the child, and any change in visitation or custody must reflect that priority. If you are facing a parental relocation issue, it’s important to seek guidance from a legal professional to ensure that your child’s best interests are protected and that any necessary legal steps are taken.
If you need help navigating a parental relocation case, McCarty Larson, PLLC is here to assist you in finding a solution that works for you and your family.