Texas family law mandates that the best interests of the child are of primary concern when making any decisions relating to custody. Relocation of a custodial child is felt to have a dramatic impact on the life of the minor in question, so there are specific guidelines in place to control and regulate the procedure and mitigate any possible trauma.

Importance of Child’s Best Interests in Custody Decisions

The well-being of the child is paramount in Texas family law when deciding on custody matters, including relocation. The court will consider all factors that could affect the child’s welfare before making a decision.

Disputes over Relocation

Relocation disputes arise when one parent objects to the other parent’s proposed move. It’s a challenging situation for all parties, as the child may lose easy access to both parents. Courts will often have to intervene and make a decision after carefully weighing all available factors, including the child’s best interests.

Separation of Conservatorship and Possession and Access

Texas makes provisions for separate conservatorship and control of possession and access. This means that a non-custodial parent can still be an important part of all life decisions for the child, which is referred to as the right of conservatorship, even when lacking in possession or access to the child by reason of relocation.

Protection of Parenting Rights

Parenting rights are well-protected by Texas courts when appropriate. However, situations can arise where parents may disagree with each other’s interpretation of the child’s best interests. When faced with a relocation dispute, consulting a family law attorney is important to ensure that parenting rights are safeguarded.

Consideration of Reasons for Relocation

Texas courts will take into account the reasons for the custodial parent’s proposed move when deciding on relocation disputes. If the parent is moving closer to their family for financial support reasons, the court may consider it persuasive.

Source: Findlaw, “Child Custody Relocation Laws“, November 05, 2014

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