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Child custody when a child is moved in Texas

In Texas, it may be possible for a custodial parent to move out of state with his or her child. However, the other parent may need to provide consent before the move is made. Additionally, both parents may need to agree to a revised visitation schedule, which may need to be approved by a judge. Courts will consider a variety of factors before deciding whether to allow the move if the noncustodial parent objects.

If a child is to be moved out of state, a court may reject the move on those grounds alone. This may be true even if the child is being moved just beyond state lines. Another factor may be how far the child is being moved. For instance, if the child is being moved less than 100 miles or any other predetermined distance, the move may be allowed.

Assuming that there was no prior consent to move the child, the custodial parent may need to inform the other parent about the move in writing before leaving. The notice period is typically between 30 to 90 days prior to the move taking place. Even if the custodial parent objects, the move may be allowed if it is done in good faith. Examples of good faith include moving to an area where cost of living is lower or to take a job.

Parents who in the midst of a child custody dispute may wish to hire a family law attorney. An attorney may be able to help come to an amicable resolution in cases when one parent wishes to relocate with the child. An attorney may be able to help create a visitation schedule that both parents and a judge will sign off on. After such an agreement is reached, both sides are legally bound by its terms.

Source: Findlaw, "Child Custody Relocation Laws", December 01, 2014

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