Relocation disputes in Houston child custody cases are among the most difficult legal matters in family law. When one parent wants to move, and your child would be moving with them or spending significant time in the new place, it can be highly disruptive to any visitation schedules set in place.

In Texas, courts take relocation seriously and consider multiple factors before making their final decision. A move may be allowed if it complies with state law and is in the best interests of the child. However, without proper legal guidance, custody may be affected and could be emotionally destabilizing to the entire family.

If you are facing a custody-related relocation issue, contacting a family law attorney can help you understand your legal options and rights as a divorced parent. Here at Stange Law Firm, PC, we are well-versed in complex family law matters.

Experienced Child Custody Attorneys in Houston, TX

Founded in 2007, Stange Law Firm, PC is a Multi-state law firm focused solely on divorce, custody, and other family legal matters. We help represent those living in Texas with tailored legal strategies. Our attorneys work with clients during some of the most challenging times in their lives and understand that each case requires a careful eye and empathy.

With a population of 2,390,125 as of 2024, Houston has a significant number of parents facing custody disputes. At our Houston office, we assist parents in resolving complex relocation cases with a legal approach grounded in Texas family law. Because of our multi-state experience, those dealing with a relocation involving different states can rely on our attorney’s knowledge.

Texas Law on Child Custody and Relocation

If a parent seeks to relocate outside of the court-approved specific geographic area, they must file a motion with the court and provide a strong explanation for how the move will benefit the child. If the parent moves without doing so, they could face legal penalties. This can include the loss of custody rights.

If both parents agree to the relocation, they can jointly request a custody order modification. If the other parent disagrees with the move, the court will then decide the outcome.

Texas has a rate of 61.9 births per 1,000 women. With the state having a rate of 1.9 divorces per 1,000 residents, children are often involved. The court’s primary focus is on what is right for the child. If the move is likely to negatively impact the child, the court may deny the request. The court will look at several factors relating to your child and the proposed relocation, such as:

  • The distance of the move
  • How the move might impact your child’s education and medical care
  • How the move might affect the relationship between your child and the non-relocating parent

What Happens if a Parent Disagrees With the Proposed Relocation

If the other parent does not agree to the move, the relocating parent must request a formal modification to the existing custody order and attend a court hearing.

At that hearing, they will need to present evidence supporting the relocation. This may include:

  • Job offers. For example, a parent might submit a written job offer outlining a higher salary, better benefits, and career advancement opportunities.
  • School details. This may include rankings, extracurricular options, and special education programs that better serve the child.
  • Relocation plan. A detailed housing plan showing safer neighborhoods or proximity to extended family may also help, as well as the availability of medical care.
  • Other explanations. This can include showing that the child will have access to emotional support, like moving closer to extended family. Courts may also consider the child’s own preference if the child is mature enough.

Why Choose Us?

At Stange Law Firm, PC, we have experience representing parents in Houston and surrounding areas with all matters of child custody, including relocation. We do not treat relocation as simple custody modifications. Relocation can be complex and high-stakes for your family. Our clients have access to their attorney’s personal contact information for any questions regarding their case.

Our clients also receive secure access to an online portal called Your Case Tracker for case documents and regular case status updates. A dedicated Client Care Team is available to assist with feedback, questions, or concerns. We aim to keep you informed and supported every step of the way.

FAQs

Q: How Can an Attorney Help in a Relocation Custody Case?

A: Trying to take on a relocation case alone is highly overwhelming and can significantly affect your family’s future. An attorney can help you navigate the entire legal process, meet all court requirements, and present a strong case for or against relocation. They can assist with filing the necessary motions, gathering evidence such as job offers or school information, and preparing for mediation or hearings.

Q: What if My Ex Moves Without Telling Me?

A: If your co-parent relocates with your child without giving you proper notice or without court approval, it’s vital to take legal action right away. Be sure to review your custody order to see if the relocation is in violation of the custody terms. Then, contact an attorney to represent you. They’ll be able to help you understand your rights and file motions to enforce or modify the custody agreement.

Q: Can a Child Choose Which Parent to Live With?

A: In Texas, a child who is 12 or older can have their preferences taken into consideration by the court. However, the courts have the final say about who the child will live with. This includes taking into consideration each parent’s ability to care for their child, the quality of life the child would have with each parent, and other factors.

Q: Can Relocation Be Denied Even if the Move is a Short Distance?

A: Yes, relocation can be denied even if the distance seems small. Typically, in a custody order, parents are given geographic locations that they must live in, such as Harris County. If a parent wishes to relocate outside of that location, they must follow proper legal procedures. Courts evaluate whether any move violates a geographic restriction or disrupts the child’s schooling, medical care, or contact with the non-custodial parent.

Speak With a Trusted Houston Custody Attorney

Relocation disputes can quickly escalate into full custody battles without proper legal guidance. If you are considering a move or need to respond to a relocation request, speak with an attorney at Stange Law Firm, PC. We work with clients across Houston and the surrounding areas to fight for an optimal outcome for your family’s needs. Contact us today to schedule a confidential consultation.