Moving, whether because of work, school, or family needs, can be a stressful life event. A significant move can be made even more difficult when custody issues are involved with your child’s other parent. Lifting a geographic restriction in Harris County in a custody agreement can be daunting without the proper representation to guide you through the process.
Hiring a Texas move away lawyer is the first step in ensuring you and your child’s best interests are respected and evaluated throughout this sometimes confusing and emotional time.
Harris County Move Away Laws
Under Texas law, the relocation of a child is considered a major event for the child, both parents, and extended family. When one parent intends to move, the best interests of the child must be agreed upon or proven in court before the move occurs. Moving the child without following legal protocol could put you in contempt of your custody agreement or divorce decree, leading to serious court-ordered penalties.
Co-parents first must review their custody agreements to determine what protocols or restrictions are in place when it comes to relocation. The Attorney General of Texas offers general guidance for parenting time schedules. While these guidelines may not apply to your specific custody schedule, they outline the “default” co-parenting schedules for different distance radii.
There are options in the short term while you and your relocation attorney work to build your case. Under Texas Family Code § 156.006, you can request the court provide a temporary order that changes or modifies the restrictions on geographical relocation if:
- The child’s best interest is being considered.
- The current living arrangement is a threat to the child’s emotional or physical well-being.
- The co-parent has not upheld their agreement to care for or to have possession of the child for at least six months.
- The child is at least 12 years old and has made the decision in front of a judge as to where they prefer to reside.
Geographical Relocation and Custody Agreements
If you plan to move your child away from their other co-parent at a distance that would disrupt the agreed-upon parenting schedule, a move away attorney at Stange Law Firm, PC, can help you file a motion for a move away order.
If this order cannot be agreed upon outside of court, a judge will evaluate the following:
- The reason for the proposed move: This can include a career opportunity, the need to care for family members, educational opportunities, or other significant life events, as well as the distance from the original geographic radius specified in the custody agreement.
- The life stage of the child or children: The court will look at whether a child is established in their community, school, church, or other activities local to the current, designated location.
- The child’s relationship to the other parent: If age allows, the child’s wishes may be taken into consideration.
- The mental and physical health of the child: A significant move could cause stress, depression, or impact certain physical conditions, such as asthma.
Your attorney, the court, and the judge all have the best interests of you and your child in mind when evaluating the lifting of geographical restrictions. If the best interest of the child cannot be proven, the court or judge might deny the request to relocate with your child.
For more information on how a Harris County move away lawyer can help you with child custody issues, reach out today. For domestic relations inquiries with the state, you can contact the local Harris County office of Domestic Relations at 1310 Prairie, Suite 700, in Houston.
FAQs
How to Get a Geographical Restriction Lifted in Texas?
Geographical restrictions in Texas can be lifted or modified through filing for an agreed-upon modification. If there is no agreement met, the court and a judge will rule on the decision to modify the geographical restriction. In either case, evidence that lifting the geographical restriction will benefit or be in the best interest of the child is key. Common reasons for lifting geographical restrictions include job or career changes, or remarriage.
Can a Primary Parent Relocate Outside of Texas?
Yes, a primary parent can relocate outside of Texas if they follow the proper legal steps. The primary parent must have written consent or a court-ordered modification, prove that the relocation is in the child’s best interest, and that the relocation is needed as it pertains to the primary parent, such as a job or relationship status. In the U.S., fathers are allocated an average 35% of child custody, making it vital to have experienced representation on your side.
How to Prove Parental Manipulation in Court?
The easiest way to prove parental manipulation in court is to have organized and dated evidence documenting the manipulation. Evidence to prove parental manipulation includes, but is not limited to:
- Records of communication where the other parent was not acting in good faith.
- Witness statements and accounts from community members, such as teachers, church leaders, therapists, family, or friends.
- Professional evaluations from a therapist, court-appointed caregivers, or family services, for example.
How Far Can I Move Away from My Child’s Father?
Without prior authorization from the courts, a move over 100 miles is typically considered a major life change to separated Texas families. Unless otherwise stated in your unique divorce decree, parenting plan, or custody order, formal notice must be given at least 60 days prior to the move. If the other parent does not agree and contests the notice, a court will decide the outcome of the case.
Hire a Move Away Lawyer
Divorce and separation can be extra taxing on the schedules, lifestyles, and emotions of everyone when a child is involved. That is why it is vital to hire a move away lawyer.
Stange Law Firm, PC, is here to advocate for your family and your future. Contact us today to learn more about domestic relations laws, your rights, and lifting a geographic restriction in Harris County. We offer a variety of services to meet your legal needs.