Whether you’re planning a move for a fresh start or you’ve just learned that your co-parent wants to take your child to another city or state, parental relocation is one of the most emotionally charged issues in Texas family law. You may be wondering whether you need court approval to move, what happens if the other parent refuses to agree, or what steps to take right now to protect your custody arrangement.
At Collin County Law Group, our attorneys handle parental relocation disputes from both sides, whether you need court approval to move or you’re fighting to keep your child close. We know what Texas courts look for, and we build cases around the facts that matter most to the outcome. Whatever side of this issue you’re on, you deserve clear answers and a plan that puts your family’s well-being first.
Call our office at (972) 548-7167 or contact us online for a consultation with one of our Collin County parental relocation lawyers. Our team is ready to walk you through your options and help you take the right next step.
Why Choose Collin County Law Group?
Our attorneys bring over 100 years of combined trial experience to every case we handle. Award-winning and battle-tested, our lawyers have tried hundreds of cases before juries and resolved thousands more for satisfied clients across Collin County and beyond. Our team works directly with you from start to finish, and we are available around the clock because family matters don’t follow a nine-to-five schedule.
When it comes to parental relocation, our lawyers provide focused support at every stage of the process. Whether you are the parent requesting a move or the one opposing it, we tailor our approach to the specific facts of your case:
- Advising on legal requirements
- Protecting parental rights
- Gathering evidence
- Negotiating and modifying agreements
- Representation in court
A strong legal advocate can make the difference between a favorable resolution and a result that disrupts your family for years to come. Our lawyers bring the preparation and courtroom confidence that these high-stakes cases demand.
What Is Texas Law About Parental Relocation?
Texas does not have a standalone relocation statute. Instead, parental moves are governed by the geographic restrictions built into existing child custody orders. If your order limits your child’s residence to a specific county or group of contiguous counties, you cannot move the child outside that area without court approval.
Under Texas Family Code Section 156.101, a parent seeking to lift or modify a geographic restriction must file a petition to modify the existing order and demonstrate that the change serves the child’s best interests.
When Is a Relocation Request Likely to Be Granted in Texas?
Courts weigh a variety of factors when deciding whether to approve a move, and no single element guarantees a particular outcome. A judge will look at the full picture of both parents’ circumstances and how the proposed relocation would affect the child’s life:
- A legitimate reason for the move, such as a job opportunity, family support, or lower cost of living
- Better educational opportunities for the child in the new location
- The quality and consistency of the non-relocating parent’s involvement in the child’s life
- Whether a realistic visitation schedule can maintain the child’s relationship with both parents
- The child’s ties to their current community, including school, friends, and extended family
- The distance of the proposed move and the feasibility of regular travel
- Whether the relocating parent has a history of encouraging or discouraging the child’s relationship with the other parent
What Is the Process of Child Relocation in Texas?
The relocation process follows a structured legal path, and missing a step can seriously damage your position. The general timeline looks like the following:
- Notify the other parent of your intent to relocate
- File a petition to modify the existing custody order with the court
- Serve the other parent with the modification paperwork
- Attempt mediation or negotiation to reach an agreement
- Attend a temporary orders hearing if immediate issues need to be resolved
- Prepare evidence, including documentation of why the move benefits the child
- Attend the final modification hearing before a judge
What Can You Expect at a Child Relocation Hearing?
A relocation hearing allows both parents to present their positions, and the judge will focus entirely on what arrangement best serves the child. Here is what typically happens during the proceeding:
- Both parents testify about their reasons for supporting or opposing the move
- Witnesses such as teachers, counselors, family members, or mental health professionals may offer testimony
- Financial records and employment documentation are presented to support the reason for the relocation
- The court reviews the current custody arrangement and the proposed modified visitation schedule
- A guardian ad litem or amicus attorney may submit a report with recommendations
- The judge may ask questions directly to either parent
What Are the Penalties for Unauthorized Parental Relocation?
Moving a child outside of a court-ordered geographic restriction without permission is a serious violation of the custody order. Texas family law courts treat unauthorized relocation harshly, and the consequences can be swift and severe:
- Contempt of court: A judge can hold the relocating parent in contempt, which may result in fines, jail time, or both.
- Modification of custody: The court may transfer the right to designate the child’s primary residence to the other parent.
- Restricted visitation: A parent who relocates without authorization may see their own visitation rights reduced or supervised.
- Attorney’s fees: The offending parent may be ordered to pay the other parent’s legal costs incurred in bringing the matter back to court.
- Impact on future proceedings: A history of violating court orders damages your credibility and can influence how a judge views you in any future custody dispute.
The stakes of an unauthorized move go far beyond a single court hearing. Taking matters into your own hands without following the legal process can permanently alter the custody arrangement, making it difficult to reverse.
FAQ: Common Questions About Parental Relocation in Texas
Does My Child’s Opinion Matter?
If your child is 12 years of age or older, the court may consider their preference about which parent should have the right to designate their primary residence. However, the child’s wishes are only one factor, and the judge is not required to follow them.
What If We Agree on Relocation?
If both parents agree to the move, you can file an agreed modification with the court. The judge will review the proposed changes to ensure they serve the child’s best interests and, if satisfied, approve the new arrangement without the need for a contested hearing.
How Much Notice Do I Need to Give to Relocate?
In Texas, a parent is required to provide written notice of an intended relocation at least 60 days before the move under Texas Family Code Section 156.006. Providing written notice as early as possible demonstrates good faith. It helps avoid accusations that you attempted to relocate without the other parent’s knowledge.
Considering a Move or Facing a Relocation? Contact Our Collin County Parental Relocation Lawyers Now
Is a proposed relocation threatening to change everything about your relationship with your child? Time matters in these cases because delays can weaken your position and limit the evidence available to support your claim.
Call Collin County Law Group at (972) 548-7167 or contact us online for a consultation with our family law team, who will assess the details of your situation, develop a strategy tailored to your family’s needs, and advocate relentlessly on your behalf in negotiations or in the courtroom. We provide family law consultations for $200. Your relationship with your child is worth fighting for. We are ready to fight alongside you.
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