Parental relocation refers to a situation in which a parent wants to move to a different city or state with their child from a previous relationship. Such a parent will typically have a child custody agreement with the child’s other parent that is an enforceable court order—often included in the divorce decree or in another court order for child custody and support obligations (in a suit affecting parent-child relationship or SAPCR).
The reasons a parent may want to relocate include a new job opportunity, educational opportunities, or to be closer to family members who are able to assist with raising the child. The other parent’s failure to meet child custody or visitation obligations may be cited as a factor in support of the parental relocation.
Child custody agreements and court orders typically include geographic restrictions on the parents’ travel with the children and on relocation of the parents’ residences—limiting relocation to a certain number of miles from the child’s school district or the parents’ residence at the time of divorce, for example. These restrictions are designed to ensure both parents will have frequent and continuing contact with the child.
Geographic restrictions can be changed by agreement of the parents or by court order if the spouse seeking to relocate files a motion to modify the child custody order. If the parents are not able to agree on relocation terms the court will generally make the decision on whether to permit or deny relocation based on what is in the best interests of the child.
In Texas, parental relocation is governed by the terms of the child custody agreement or court order, which is often part of a divorce decree or a suit affecting the parent-child relationship (SAPCR). These agreements or orders typically include geographic restrictions that limit how far a parent can move with the child, usually in relation to the child's school district or the parents' residence at the time of the divorce. The intent behind these restrictions is to maintain frequent and continuing contact between the child and both parents. If a parent wishes to relocate for reasons such as employment, education, or family support, and the move would violate the geographic restrictions, they must either obtain the other parent's agreement or file a motion to modify the child custody order with the court. The court will then decide whether to allow the relocation based on the best interests of the child, considering factors such as the child's needs, the impact on the child's relationship with both parents, and the reasons for the proposed move. If the other parent has failed to meet custody or visitation obligations, this may be considered in support of the relocation request.
