When a parent wants to move with their child, understanding relocation in Texas custody cases becomes critical. Whether you’re considering a move for a job opportunity, to be closer to family, or for a fresh start, Texas courts have specific rules about how relocation affects custody arrangements. This comprehensive guide explains what you need to know about the legal process, notice requirements, and how judges decide whether a move is in your child’s best interest.
Why Choose Smith & Bledsoe Family Law for Your Relocation Custody Case
Handling a relocation dispute requires experienced legal guidance. Smith & Bledsoe Family Law brings extensive experience in complex custody modifications and relocation cases throughout Texas. Managing Partner Christian Smith earned recognition as a Texas Super Lawyers Rising Star from 2023 to 2025, demonstrating her commitment to excellence in family law. The firm has handled numerous relocation disputes across Travis County and surrounding areas, with a track record of successful outcomes for families navigating these complex situations. With 8+ attorneys focused on family law, our legal team understands how local judges evaluate relocation requests and what evidence strengthens your case. We advocate for your family’s interests with dedicated representation tailored to your situation. Whether you’re seeking to relocate or opposing a move, Smith & Bledsoe Family Law provides responsive, committed representation that protects your rights and your child’s best interests.
What Constitutes Relocation Under Texas Law
In Texas, relocation means moving a child to a location that significantly disrupts the child’s existing situation with the other parent. Many people assume relocation only applies to out-of-state moves, but that’s not accurate. A move within Texas, even to another county, can trigger relocation laws if it materially affects the child’s relationship with the non-custodial parent. Understanding this distinction is critical for parents considering any move.
Texas courts evaluate whether a move constitutes relocation by looking at the distance involved and its impact on the child’s contact with both parents. A move that makes regular visitation difficult or impossible is more likely to be considered relocation than a move that allows the non-custodial parent to maintain meaningful contact. The Texas Family Code (§156.101) requires courts to consider whether a proposed move represents a substantial change in circumstances that warrants modifying the existing custody order. Courts examine not just the physical distance, but whether the move fundamentally alters the parent-child relationship and the non-custodial parent’s ability to exercise their parental rights.
The 60-Day Notice Requirement
Texas law requires the custodial parent to provide written notice at least 60 days before relocating with a child. This notice must include specific information: the intended new address, the reason for the move, the proposed date of relocation, and a description of the proposed revised custody and visitation modifications. Proper notice is not optional. It’s a legal requirement with serious consequences for non-compliance.
The custodial parent must serve this notice on the non-custodial parent in accordance with the rules outlined in the custody order. Failing to provide proper notice can result in serious consequences, including contempt of court charges, loss of custody, or being ordered to return the child to the original location. If the non-custodial parent receives notice, they have the right to file an objection with the court. If they don’t respond within the required timeframe, the relocating parent may seek a default order. However, the court will still evaluate whether the relocation serves the child’s best interests and may deny the request even in the absence of an objection. This means that even if the other parent doesn’t respond, you cannot assume your relocation will be approved.
How Texas Courts Evaluate Relocation Requests
When a parent seeks to relocate, Texas courts apply the “best interests of the child” standard (Texas Family Code §156.101). This is the primary legal test judges use to decide whether to approve or deny a relocation request. Rather than focusing on what’s convenient for the parent, courts examine what arrangement serves the child’s welfare and happiness. This standard serves as the foundation for all custody decisions in Texas.
Judges consider several key factors when evaluating relocation requests. They examine the reason for the proposed move, whether it’s for employment, education, health care, or to be near extended family. Courts also assess how the move will affect the child’s relationship with the non-moving parent and whether the relocating parent can facilitate ongoing contact. Educational and social opportunities in the new location matter, as does the child’s current adjustment to their present home and school. Finally, judges consider whether the move will improve the child’s overall stability and quality of life, and whether the relocating parent has demonstrated a willingness to support the child’s relationship with the other parent. The court’s focus is always on what serves the child, not what benefits the parents.
Relocation and Visitation Modifications
When a parent relocates, the existing custody and visitation order typically requires order modification. A schedule that worked when both parents lived in the same area may not function after a move. Courts often extend the non-custodial parent’s visitation time to compensate for the increased distance, allowing for longer visits during school breaks, extended weekends, or summer periods. These modifications ensure the non-custodial parent can maintain a meaningful relationship with the child despite the geographic separation.
Modern technology has expanded relocation options in ways that benefit families. Virtual visitation through video calls, messaging, and online activities can help maintain parent-child relationships across distances. Courts recalculate child support based on the new living situation, changes in either parent’s income, and the cost of travel for visitation. Modified custody orders typically include geographic restrictions, specifying how far a parent can move without seeking court approval for further modifications. Understanding these modifications is essential for both parents to ensure compliance with the court’s orders.
Protecting Your Rights in a Relocation Dispute
If you’re the relocating parent, document your reasons for the move thoroughly. Gather evidence showing how the move benefits your child, including better schools, improved employment opportunities, proximity to family support, or a safer environment. Propose a realistic visitation schedule that allows the non-custodial parent to maintain meaningful contact with your child. Demonstrate your commitment to facilitating the parent-child relationship by offering flexible scheduling, covering travel costs, or arranging virtual contact between visits. The court wants to see that you’re not trying to alienate the child from the other parent.
If you receive a relocation notice, respond promptly within the required timeframe. Gather evidence opposing the move if you believe it’s not in your child’s best interest. This might include documentation of your current relationship with your child, evidence that the move is motivated by parental alienation rather than legitimate reasons, or proof that the proposed visitation schedule is impractical. Propose alternative arrangements that might address the relocating parent’s concerns while keeping your child closer. Understanding the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is important if relocation involves moving to another state, as this law governs how custody orders are enforced across state lines and protects your parental rights in interstate situations.
Common Relocation Scenarios and Court Outcomes
Parents relocate for various reasons, and courts evaluate each situation individually. A parent seeking to relocate for a significant job opportunity that increases family income and stability often has a stronger case than one relocating primarily to distance the child from the other parent. Moving closer to extended family who provide childcare support or emotional stability can strengthen a relocation request. Relocating for educational opportunities may be viewed favorably if the benefits are clear. Courts also consider moves motivated by safety concerns, such as escaping domestic violence or harassment, though these cases require careful documentation and evidence. Each case is unique, and the court’s decision depends on the specific facts and circumstances.
Frequently Asked Questions
Can a custodial parent move without court permission?
No. Moving a child without proper notice and court approval can result in contempt of court charges, loss of custody, or enforcement actions. Even if you have primary custody, you cannot unilaterally relocate your child without following Texas’s legal requirements. The consequences of unauthorized relocation are severe and can result in the loss of custody of your child.
How far can a parent move with joint custody?
Texas law doesn’t specify a mileage limit for relocation. Instead, courts focus on whether the move significantly disrupts the child’s relationship with the other parent. Any move that materially affects the non-custodial parent’s ability to maintain contact requires court approval. The key factor is the impact on the parent-child relationship, not the distance itself.
What happens if the other parent doesn’t respond to the relocation notice?
If the non-custodial parent does not respond within the required timeframe, the relocating parent may seek a default order. However, the court will still evaluate whether the relocation serves the child’s best interests and may deny the request even in the absence of an objection. The non-responding parent can also file a modification later if circumstances change or if they can demonstrate that the relocation harmed the child. Silence is not consent in relocation cases.
Can visitation be modified if a parent relocates?
Yes. Relocation typically triggers modifications to visitation to ensure the non-custodial parent maintains meaningful contact with the child. Courts adjust schedules to accommodate the increased distance while preserving the parent-child relationship. These modifications are designed to protect the child’s right to maintain a relationship with both parents.
How does relocation affect child support?
Child support may be recalculated based on a new living situation, changes in either parent’s income, and modifications to the custody arrangement. The court considers the cost of travel for visitation when adjusting support amounts. Relocation can significantly impact child support calculations, so it’s important to understand how your specific situation will be affected.
Take Action: Protect Your Family’s Future
Relocation disputes involve complex legal questions and high stakes for your family. Whether you’re planning a move or responding to a relocation notice, having experienced legal guidance makes a significant difference in protecting your rights and your child’s best interests. Smith & Bledsoe Family Law understands Texas relocation law and has successfully guided families through these challenging situations.
Contact Smith & Bledsoe Family Law today at (512) 277-3166 to discuss your relocation situation. We offer initial consultations to help you understand your options and develop a strategy that protects your family’s future. Don’t navigate this complex process alone. Let our experienced family law attorneys help you achieve the best possible outcome for your family.