Relocation: Is it possible to move with my child away from their other parent?

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Relocation: Is it possible to move with my child away from their other parent?

Relocation: Is it possible to move with my child away from their other parent?

Relocation: Is it possible to move with my child away from their other parent?
In today’s mobile economy, Texan parents are more frequently asking either:

  • How can I move with my child to another county or state from their other parent?
  • Or, how can I prevent my child’s parent from moving with them to another county or state?

Public Policies
There are two public policies in Texas that deal with the above questions.
First, in Texas there is a public policy that children should have frequent and continuing contact with both their parents.  This public policy can be found in the Texas Family Code, Section 153.001(a)(1).
Second, there is a public policy that the best interest of the children should be put first in any decision made by a court.  That public policy is located in Section of the Texas Family Code.
Who Has to Prove What In Court?
The parent trying to move their children to another location has the burden of showing the court that it is best for their children to move.  This parent will need to address both the public policies listed above.
The non-moving parent does not carry the burden of overcoming any presumptions.  However, the non-moving parent should still be prepared to argue reasons against the move.
What Factors Does the Court Consider?

      • The relationship with and presence of extended family
      • The presence of the child’s friends
      • The presence of a stable and supportive environment for the child
      • The primary conservator’s improved financial or job situation and ability to provide a better standard of living
      • The positive impact on the primary conservator’s emotional and mental state and its effect on the child
      • The effect on the non-primary conservator’s right to have regular and meaningful contact with the child
      • The non-primary conservator’s ability to adapt work schedule to be with the child
      • The reasons for and against the move
      • Whether the move will enhance the primary conservator’s and the child’s health, education, and economics
      • Comparison of education, health, and leisure opportunities (comparison of schools, homes, neighborhoods)
      • The negative impact of any continuing hostility between the conservators
      • The effect of the move on the extended family relationship
      • The child’s age, community ties, preferences, and health and educational needs

Where else can I find more information?
      The Supreme Court of Texas addressed the relocation issue for the first time in 2002.  That case is entitled Lenz v. Lenz, 79 S.W. 3d 10 (Tex. 2002).  The Supreme Court of Texas identified factors that a court should consider when deciding a relocation case.
Some other important court opinions on the relocation issue are:

  • Bates v. Tesar, 81 S.W. 3d 411 (Tex. App.-El Paso 2002, no pet).
  • Echols v. Olivarez, 85 S.,W. 3d 475 (Tex. App.-Austin 2002, no Pet.).
  •  In Re C.R.O. and D.J.O., __ S.W. 3d __ (Tex. App.-Amarillo 2002, no Pet.) (2002 WL 31049839).

            Experienced Family Law Attorneys
If you have a geographic restriction and are thinking of moving, it is important to consult an attorney.  It may be possible to move, however as this article elucidates, it can be very difficult to accomplish.   Our San Antonio family law attorneys are experienced in relocation cases and are ready to assist you.
This article is intended for general information only and is not intended to constitute legal advice.  The information or materials you obtain on this website is not applicable to any specific individual, situation, or set of facts.  Our San  Antonio family law attorneys are prepared to assist you with your case.   Please call us for a free initial consult.

HRC Law Firm in San Antonio, TX
HRC Law Firm in San Antonio, TX
Before becoming attorneys, our professional spent years serving in the United States Army and is a veteran of both Operation Enduring Freedom and Operation Iraqi Freedom. Their experience in the Army taught him the importance of a strong work ethic and attention to detail. Our attorneys understand the needs of his clients, and can tailor a litigation plan that both meets his client’s needs and their financial situations and goals. Our attorneys have spent much of the last five years in the Courtroom, successfully advocating for the rights his clients have as parents, spouses and individuals who are facing challenging situations.

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