Sharing custody in Texas typically involves negotiating specific arrangements for sharing time with the children and legal authority regarding decisions for them. Parents need to work with one another to meet their children’s needs. They also need to meet regularly to exchange custody.
Choices by either parent can affect the rights of the other. In some cases, one parent’s decisions could interfere with the other’s access to the children. If one parent starts a new relationship with someone who lives in Oklahoma or accepts a job offer in South Carolina, they may have a major move on the horizon.
Can they take their children out of Texas despite being subject to a custody order?
Approval for moves is usually necessary
In Texas, parents have to provide advance notice of moves that might impact the rights of the other parent. Many custody orders include specific limitations on relocations. Some parents agreed to a specific distance, such as 100 miles. Others might have rules that require that the parents remain in the same county or school district.
In general, if the move is far enough to impact the shared custody arrangements for the family, it is far enough to warrant pre-approval from the courts or the other parent. Even relocations within Texas may require approval. Moves out of the state almost always make custody modifications necessary.
If the other parent agrees to permit the move, they can work out new custody arrangements and move forward with an amicable custody modification. Other times, the parent staying in Texas may oppose the move. The family may then need to return to family court.
A judge can review the situation, including the reasoning behind the move and the impact it might have on parent-child relationships. Judges typically focus on the best interest of the children rather than the rights of the parents in that situation.
If they do approve the move, they may modify the custody order to allow the other parent extensive time during the summer and other school vacations. Other times, they may authorize the parent to move while modifying the custody order to make the parent staying in Texas the custodial parent.
Understanding how to respond to decisions that can have major child custody implications can help parents protect their most important relationships. Relocation attempts may require negotiations or family court litigation when a move may limit one parent’s rightful access to their kids.