Because of Texas family law codes, most parents will end up sharing either
legal custody and physical custody or just legal custody of their children.
The court will try and give the child as much time with both parents as
possible unless there is a history of parental misconduct involved. If
you are a parent with the majority of physical custody (meaning your kid
lives with you), and you wish to
move, you will have to get the permission of the other parent and the court first.
Initial court orders will usually prohibit the custodial parent from moving
outside of a particular area, such as 50 miles away from the other parent.
You must apply to the court to change your current child custody orders.
This process is much easier if your ex agrees to the move. If he or she
doesn’t agree, your ex can file an application for a temporary restraining
order that prevents you from moving until after a court hearing.
At the hearing, you will have to show the judge compelling reasons for
the proposed move. Many people decide to relocate because of a new job
or a new relationship, but the court will ultimately make its decision
based on the child’s best interest. If the judge decides moving
is the best thing for your kid, he or she will grant your request to move,
and you and your ex can negotiate new child custody terms. If the judge
decides the move is frivolous or disadvantageous to the child, your ex
may gain custody of your kid instead.
If you need help with this process, speak to one of our skilled Houston
family law attorneys. The
Law Office of Kathryn Marteeny has helped many Texas families with their legal issues, so we understand
this may be challenging and stressful. Our lawyers try to make the process
as stress-free as possible. Let us see how we can help you.
Contact us by phone or fill out our online form to tell us about your situation today.
We look forward to hearing from you.