How to Navigate Child Removal and Relocation

 Posted on August 15, 2024 in Child Relocation

Issues regarding child removal and relocation can be fraught with emotion. Perhaps you are the parent with primary custody. You want to move to a new area as a means of getting a fresh start after the divorce. Maybe your ex-spouse delights in making it incredibly difficult to live in the same area and co-parent. There might be an excellent school in the area you want to move to that you believe would benefit your child. On the flip side, perhaps your ex took your child during visitation and did not bring him or her back.  

Even if you have good reasons for wanting to move, you are not allowed to simply pack up and leave without following Texas custody laws. This is true whether you have joint custody or primary custody. At The Law Office of J. Kevin Clark P.C., we are committed to helping both parents maintain close, loving relationships with their children after a divorce. Our Fort Worth, TX removal and relocation attorneys are experienced in helping parents who believe it will benefit their child to relocate.   

What Are Some Valid Reasons for Relocation?

Relocating a child after a custody order is in place can result in legal challenges. Regardless of your reason for wanting to move, the court’s only job is to consider how the move will affect the child. Perhaps your reasons for moving include improved living conditions, a better job opportunity, or proximity to close family members. While these are all good reasons, the court’s job is to determine whether your reasons for moving will enhance his or her quality of life.

If one of your reasons is that your narcissistic spouse is making co-parenting a nightmare, unless your ex is a clear danger to the child, the court will not consider this a valid reason. On the contrary, the court will consider the impact of your move on your ex’s visitation rights. If the court determines that your proposed relocation impairs the other parent’s ability to have a close relationship with the child, your request may be denied. Some reasons for moving the court may consider valid include:

• You have remarried, your spouse lives in a neighboring state, and gets along well with your child.
• You have a job offer in another state that will significantly improve your life and your child’s overall standard of living.
• You want to move to an area with a safer neighborhood and a much better school.

What Are the Relocation Rules in Texas?

As the relocating parent, you must give written notice to the other parent at least 60 days before the anticipated move. The notification must provide specifics associated with the move, including where the move will be, the date of the move, the new address, and the reasons for relocation.

If the child’s other parent contests the move, he or she must file a petition that states the reasons why he or she does not want you to move with the child, and the court will rule on the issue. If the other parent does not contest the move, the two of you will work out a new parenting plan that addresses the challenges related to the move.

Removing and/or relocating a child without approval from the other parent and the court may be construed as parental kidnapping. This is not an issue you should take lightly because the Texas courts take parental kidnapping very seriously. Under Texas Penal Code, parental kidnapping is a state jail felony punishable by up to two years in jail and a fine of up to $10,000.  

Contact a Fort Worth, TX Child Removal and Relocation Attorney

An experienced attorney can help you understand the legal requirements associated with removal and relocation while effectively presenting your case in court. A Fort Worth, TX child removal and relocation attorney from The Law Office of J. Kevin Clark P.C. will ensure your child’s best interests remain at the forefront of any decision while working to help you achieve an equitable resolution. Contact The Law Office of J. Kevin Clark P.C. at 817-348-6723 to schedule a free consultation.