Texas Law on Move-Away Cases: What are the Considerations?

Understanding Move-Away Cases in Texas

In the state of Texas, move-away cases, also known as relocation cases, are legal disputes that arise when a custodial parent wishes to move to a location far enough away that it would disrupt the current custody arrangement with the non-custodial parent. The Texas Family Code does not provide explicit guidelines on relocation, leaving much to the discretion of the courts. Therefore, understanding the key considerations and how courts generally handle these cases is vital for parents contemplating or contesting a move.

Best Interest of the Child

The central concern in any move-away case is the best interest of the child. Texas courts will consider factors such as the age and needs of the child, the impact on their emotional and physical well-being, and how the move would affect their relationship with both parents. For example, in Lenz v. Lenz, a 2003 case, the court emphasized maintaining continuous and regular contact with both parents when ruling against relocation.

Current Custody Arrangement and History

Courts will closely examine the existing custody arrangement. If joint custody is in place and both parents actively share responsibilities, courts may be more hesitant to grant a relocation request. Additionally, they will look at the history of cooperation between parents and whether both have adhered to previous court orders.

Reason for Relocation

The reasons behind the custodial parent's desire to move are heavily scrutinized. Courts expect legitimate reasons such as employment opportunities, educational prospects for the child, or proximity to extended family members. Frivolous or retaliatory reasons for moving are usually not well-received.

Impact on Visitation Rights

A significant consideration is how relocation would impact visitation rights and the non-custodial parent's ability to maintain a meaningful relationship with their child. The court may explore alternative visitation arrangements or require a revised parenting plan before allowing relocation.

Child's Preference

In certain cases, especially involving older children, the court may take into account the child's preference. Texas law permits children 12 years and older to express their wishes about which parent they prefer to live with, although this is only one factor among many.

Conclusion

Move-away cases in Texas require careful analysis of multiple factors centered around the child's best interests. Parents facing such cases should seek legal counsel to navigate these complex issues effectively. It's essential for parents to understand that while Texas law aims to uphold the rights of both parents to maintain a relationship with their children, protecting the child's welfare remains paramount.