San Antonio Parental Relocation Attorneys

What Is Parental Relocation and When Is It Necessary?

Parental relocation occurs when a parent with the legal right to designate the child's primary residence intends to move outside of the geographic limitation set by the court. A move can make it difficult or impossible for the other parent to exercise their parenting time under the current schedule and terms provided in a court order, necessitating a return to court to request modification.

These situations often arise due to compelling reasons, such as compulsory relocation orders issued because of a parent’s military service (for example, “PCS”), accepting a new job offer in another city or state, remarrying and moving to a new location with a spouse, or a desire to be closer to family support networks.

Texas Law on Parental Relocation

Texas law recognizes the fundamental importance of both parents maintaining a meaningful and consistent relationship with their child, even after separation or divorce. 

Therefore, a parent who wishes to relocate a significant distance with their child generally must obtain either the express written consent of the other parent or, if that consent is not forthcoming, explicit permission from the court before making the move. 

Moving a child without proper authorization can result in serious legal consequences, including potential loss of custody or visitation rights. A court can compel a parent who has moved without authorization to return, likely resulting in disruption for the children and serious financial consequences.

Factors Considered by Texas Courts in Relocation Cases

Courts in San Antonio and the surrounding communities carefully evaluate a wide range of factors when deciding whether to grant or deny a parental relocation request, always prioritizing the child's overall well-being and best interests. These factors include:

The Child's Best Interests

The court will thoroughly assess the child's physical, emotional, educational, and social needs, taking into account their overall well-being and the potential impact of the move on their development.

Reasons for the Move 

The court will closely examine the relocating parent's reasons for the proposed relocation, carefully assessing whether the move is genuinely in the child's best interests or primarily driven by the parent's personal desires. 

The court will also consider whether the relocating parent is acting in good faith and with a sincere intention to facilitate continued contact between the child and the other parent.

Impact on the Non-Relocating Parent

The court will carefully consider the potential impact of the relocation on the non-relocating parent's ability to exercise their visitation rights and maintain a meaningful and consistent relationship with the child. This includes considering the increased travel costs, logistical challenges, and emotional strain that the relocation may impose.

Objecting to a Proposed Parental Relocation

If the other parent is seeking to relocate with your child and you firmly oppose the move, you have important legal rights that you must assert to protect your relationship with your child. This typically involves:

• Filing an Objection with the Court Your formal written objection must clearly outline your reasons for opposing the relocation.
• Presenting Evidence Compelling evidence demonstrating that the relocation is not in your child's best interests may highlight their well-being, education, and relationships.