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(833) 553-4251
(833) 553-4251 Schedule a Meeting 
(833) 553-4251
(833) 553-4251 
Schedule a Meeting (833) 553-4251
(833) 553-4251 (833) 553-4251 (833) 553-4251 After a divorce, or after determining the parents of a child through a paternity suit, both parents have rights and responsibilities to the child. But, sometimes a parent may want to relocate far away, potentially changing any custody arrangement already in place.
If you are considering moving away from the other parent of your child, or if you want to make sure that a relocating parent does not take your child out of your reach, you should consult with an Austin relocation lawyer. One of our skilled child custody attorneys could make sure that you understand how a relocation could affect your relationship with your child and your parental rights.
Custody over a child, also known as conservatorship in this state, determines who can have possession of and access to a child. Parents can be managing conservators. Either one could be a designated sole managing conservator, or both could be named as joint managing conservators. Alternatively, one can be a possessory conservator with some rights to see and care for the child. Under Texas Family Code’s Chapter 153, a court can appoint conservators and create specific custody arrangements between parents or other parties who become conservators.
More important than any other consideration is this concept: the best interest of the child is primary. As expressed by Texas Family Code §153.002, the courts must first consider the best interest of a child when considering custody issues. For example, state courts cannot appoint a conservator with a history of family violence under Tex. Fam. Code §153.004, unless allowing a relationship would be in the best interest of the child under the same section and would not put them in harm’s way.
Chapter 153 includes many specifics on the actual proceedings to appoint conservators and the responsibilities of conservators when caring for a child, but you must keep in mind the best interest of the child when thinking about relocation. Austin-based attorneys with experience in relocation and custody law could emphasize this point and show you just how important this concept colors how moving will affect parental rights.
Texas’s statutes on family law, including Chapter 153, do not specifically consider distance in creating conservatorships and arrangements, with the exception of a specific holiday possession schedule described in Tex. Fam. Code §153.314. Instead, a court will consider any proposal to relocate in light of the best interests of the child.
For example, if you are a joint managing conservator with relatively equal parental rights, then relocating far away from the other conservator could adversely affect your child in the eyes of the court. Generally, state courts seem to prefer both parents to be involved in their child’s life, and one parent moving away can complicate the ability of both parents to do so. A joint managing conservatorship usually comes with geographic restrictions, so relocation may require changing the arrangement into a sole managing conservatorship favoring one parent or the other, depending on the circumstances.
The child’s age, level of education, and opportunities both in their current location and in the proposed new location will also influence a court’s decision. Additionally, the motivations for the move will come into play, such as moving to remarry, to pursue an improved job opportunity, or to provide better schooling and resources for the child.
All these factors are considered to determine the best interests of the child and will depend heavily on your specific circumstances. Working with a lawyer in the Austin area could help a parent consider the potential effects of relocating before going through with it.
Deciding how to best care for your child and their future may involve consideration of a move, whether by you or by the other parent. No matter which side of a move you are on, an attorney can help you do what’s best for you and your child.
An Austin relocation lawyer could help you understand what a move would mean and how it would affect your child and your rights. Our attorneys want you to be able to exercise your rights and provide for the future, so call today to make an appointment and explore your options.
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