Can a Parent Move Out of State with a Child With No Custody Agreement in Texas?

If you’re a parent in Texas facing the prospect of moving out of state with your child when there’s no custody order in place – or dealing with the other parent relocating – you likely have a lot of questions. What are your rights? What steps do you need to take? How can you ensure your child’s best interests are protected?

At the Law Office of Aimee Stritchko, we understand how overwhelming and emotional these situations can be. In this article, we’ll provide a balanced overview of the key legal and practical considerations for both parents when relocation is on the table and there’s no formal custody arrangement.

Texas Conservatorship Laws

In Texas, child custody is referred to as “conservatorship.” There are two main types:

1. Sole Managing Conservatorship (SMC): One parent has the exclusive right to make important decisions for the child.
2. Joint Managing Conservatorship (JMC): Both parents share decision-making responsibilities.

When there’s no court order, both parents have equal rights and duties to the child under Texas law. However, this doesn’t mean that either parent can just relocate with the child without considering the other parent’s rights or the child’s best interests.

Geographic Restrictions and Relocation in Texas Child Custody

Many Texas custody orders include a geographic restriction that limits where the child can live, usually to a specific county or area. The purpose is to ensure that both parents can remain actively involved in the child’s life.

If there’s no court order, there’s no automatic geographic restriction. However, this doesn’t mean that the parent who wants to move can do so without any potential consequences.

The other parent can file a custody case seeking a court order to prevent the move or require the relocating parent to return the child. The court’s primary concern will be determining what arrangement is in the child’s best interests, considering factors like:

• The reasons for the proposed move
• The distance and impact on the child’s relationship with the non-moving parent
• The child’s ties to their current school, community, and extended family
• The feasibility of preserving a meaningful relationship between the child and both parents post-move

So, while there may not be an explicit restriction, relocating without the other parent’s agreement or a court order approving the move can be risky.

Notice Requirements for Relocating Parents

Even if your current order doesn’t limit where you can live, you are still required to notify the other parent about your planned move in advance.

Your written notice must include:

1. The intended move date
2. The new address and contact information
3. A proposed revised parenting time schedule

Failing to provide proper notice can lead to legal consequences, like the other parent taking you back to court for violating their rights or even seeking to change the current arrangement.

Options for Parents Opposing Relocation

If you’re the parent who’s not moving and you don’t want your child to relocate out of state, you have a few options:

1. Try to negotiate an agreement with the other parent that keeps the child closer to home or gives you more parenting time to maintain your bond.
2. If you can’t reach an agreement, file a court case to oppose the move. You’ll need to be prepared to show evidence that the relocation would negatively impact your child or your ability to maintain a meaningful relationship.
3. Request that the court impose a geographic restriction to limit where your child can live if there isn’t one already. Again, the focus will be on demonstrating that the restriction is necessary to protect your child’s physical and emotional well-being.

It’s crucial to be proactive in asserting your rights and not wait until the move has already happened to take legal action.

Maintaining Long-Distance Parent-Child Relationships

If the court allows the out-of-state move or the relocation happens before an order is in place, it’s essential for both parents to prioritize nurturing their bond with the child despite the distance. Some strategies to consider:

• Maximize quality time during in-person visits, focusing on experiences rather than gifts
• Use technology like video chats, phone calls, and text to stay connected between visits
• Collaborate on a parenting time schedule that includes extended stays during school breaks
• Find ways to share in the child’s day-to-day life from afar, like reading bedtime stories over video or helping with homework via a shared screen
• Be open to thinking outside the box – can you meet halfway for some weekends? Attend some school events virtually?

The key is to be flexible, creative, and make sure your child feels your presence in their life even when you’re not physically together.

Child Support and Out-of-State Moves

It’s important for both parents to understand that moving out of state doesn’t automatically change child support obligations. If there’s an existing support order, the paying parent must continue making payments unless the court modifies the order.

If you need help enforcing a Texas support order when the other parent has moved out of state, contact our family law attorneys for a consultation.

Get Tailored Legal Guidance for Your Family’s Needs

Whether you’re the parent wanting to move or the one fighting to keep your child close, navigating relocation issues without a custody order can be stressful. Having an experienced family law attorney by your side can make all the difference.

At the Law Office of Aimee Stritchko, we’ve helped countless families find creative solutions and achieve outcomes that protect their children’s best interests. Contact the Law Office of Aimee Stritchko today to schedule a confidential consultation and learn how we can help your family move forward.