Child Relocation Laws in Dallas, TX
Dallas Move-Away Attorneys
After a divorce, it can be difficult for a custodial parent to move away or relocate to a distant town or city because of the other parent's visitation rights. If you are your child's managing conservator, but the other parent has possessory conservatorship, you may not be able to relocate with your child unless you obtain a court-order modification.
Texas family law judges often require divorce orders include domicile restrictions, which prevent a parent with primary custody from moving outside of a certain area. These restrictions can be as small as a county or as large as the entire state, but are determined solely by the judge.
The only way to have such domicile restrictions altered so that you can move where you need to move is by requesting a modification. You can work with the other parent to draft a new parenting agreement outside of the court and then have it entered by a judge, or you can approach the court to request a modification. You will need to prove to the judge that you have experienced a change in circumstance that requires you to move and that the modification is in the best interests of your child.
How Do Child Relocation Cases Actually Work?
Relocating with your child could significantly impact your custody arrangement.
Many custody orders have geographic restrictions, such as requiring the parents to remain within 100 miles of each other. If you intend to move away from the other parent by a significant distance, you may need to modify the terms of your conservatorship.
How your relocation case proceeds largely depends on whether your co-parent agrees with the need for relocation.
If they do, you can work with them to sign an agreement detailing the circumstances of the relocation. If a court examines the agreement and determines that relocation is in the child's best interests, the judge presiding over your case can modify your conservatorship arrangement and approve the relocation.
If the other parent disagrees, you will need to file a relocation case with the court. While the case is ongoing, you cannot relocate with your child.
The court will arrange a hearing, during which both parents can present their arguments for or against relocation. Some common reasons parents may wish to relocate include:
- They are the custodial parent, and acquired a new job in a different area that would provide the child with better opportunities;
- The child has a skill that would be better facilitated by moving to a different location;
- The child could obtain better educational opportunities somewhere else;
- The child could gain better community and family support in a different location;
- One parent has failed to uphold their end of the conservatorship arrangement, and relocating with the other parent would serve the child's best interests;
- The child has a condition that could be improved by seeking treatment or relocating to another location.
After hearing from both parents, the court will decide whether relocating is in the child's best interests. If the judge presiding over the case determines that the answer to that question is "yes," they can approve the relocation request.
If they deny the relocation request and the parent who wishes to relocate with their child attempts to do so anyway, that parent could face serious legal charges including child abduction.
Our lawyers will work with you to ensure your parental rights are defended throughout your relocation case, helping you pursue the outcome that's best for you and your child.
O’Neil Wysocki P.C.: Handling Move-Away Cases in Dallas
O’Neil Wysocki P.C. was founded to provide high-quality, personal service to each client, combined with relentless and experienced representation in the courtroom. Our team of Dallas move-away lawyers works together on each case to ensure that every client receives the best possible service and results.
Attorneys Michelle May O'Neil and Michael Wysocki are board certified in family law and have each earned numerous industry distinctions for their work in this practice area. Our team also includes an additional board certified attorneys and three board certified paralegals. Do not hesitate to contact our team for more information.
Call O’Neil Wysocki P.C. at (972) 852-8000!