When one parent wants to leave Texas and build a new life in another state, the decision often affects more than a moving truck and a new address. It can reshape how often a child sees each parent, how holidays work, and who handles school and activities.
Relocation questions usually come up after a divorce or custody order is already in place, so you’re not starting from a blank slate. You’re working within court orders, schedules, and the history of how your family has been functioning.
Based in Houston, Texas, THE POTTER LAW GROUP (Formerly The Okoh-Brown Law Group, PLLC) works with parents throughout Texas, including Houston, Dallas, Fort Worth, San Antonio, El Paso, as well as in New Mexico, Arizona, California, Florida, New York, who are trying to balance new opportunities with a child’s need for stability and meaningful relationships. To understand what might happen, contact the firm to find out what a relocation request actually means in a custody context.
When A Parent Wants To Relocate With A Child
A move out of state is usually more than a simple address change; it often requires a major shift in the parenting schedule. If there’s a court order that limits where the child can live or go to school, a parent who wants to move may need permission from the other parent or an updated order.
Sometimes parents can agree on changes to the schedule or transportation arrangements, especially if both see clear benefits for the child. When there isn’t an agreement, the parent who wants to move may need to ask the court for permission. That’s when Texas judges focus closely on what serves the child’s best interests.
How Texas Courts Look At A Child’s Best Interests
Texas law directs courts to put the child’s best interests first when they’re deciding whether a move should be allowed. That’s a broad standard, so judges often look at a range of practical and emotional factors, rather than just one reason for the move.
When you’re thinking about asking for a relocation or opposing one, it helps to keep the following considerations in mind:
Reasons for the move: Courts tend to look at whether the move is connected to a new job, a support network, or safety concerns versus a move that seems motivated mainly by conflict with the other parent.
Impact on relationships: Judges consider how the move would affect the child’s relationship with each parent and extended family, including whether frequent in-person contact would still be realistic.
Educational and emotional needs: A court may compare schools, community resources, and the child’s current adjustment to see whether the new setting supports academic and emotional growth.
Ability to maintain a schedule: Judges also look at whether a workable new parenting plan can be created, including travel time, costs, and a realistic plan for holidays and school breaks.
By looking at these kinds of factors together, the court tries to understand how the move might change a child’s daily life. Those same themes come up when judges compare the proposed move with what’s written in existing custody and visitation orders.
How Courts Weigh Each Parent's Reasons For Moving Or Staying
When a parent asks to move a child out of Texas, judges look closely at why the parent wants to relocate and why the other parent wants the child to stay. Courts often compare reasons like a new job, a new marriage, or a stronger support network with the stability of the child's current school, community, and routines.
Judges usually consider the history of each parent's involvement, including who has handled schoolwork, medical appointments, and day-to-day care. They may review documents such as job offers, housing information, and school records to see how each plan would work in practice. The goal is to understand which option better supports the child's long-term well-being rather than simply choosing one parent's preference.
Key Factors of Modifying Existing Custody Orders
The process for changing an order usually involves asking the court to review new facts and decide whether a modification is appropriate. As you look at your current order, several pieces of language can be especially important:
Geographic restrictions: Many orders limit the child’s primary residence to specific counties or regions, which can make out-of-state moves difficult without court approval.
Primary residence designation: If one parent has the right to decide the child’s primary residence, that can affect who’s allowed to ask for a move and how the court views the request.
Transportation and travel provisions: Existing rules about who pays for travel, how exchanges happen, and where they happen may need to be updated if the move is approved.
Reading the current order with these issues in mind helps you see where a relocation request might fit and where conflicts could arise. Once those legal pieces are identified, parents still have to deal with the practical parenting challenges that come with living far apart.
How Relocation Affects Child Support and Shared Expenses
A move out of state can change more than parenting time. It can also affect child support and how parents share costs.
If the relocation significantly shifts the time a child spends with each parent, courts may revisit support amounts to reflect the new schedule and each household's financial responsibilities. A parent who takes on more may ask the court to adjust support.
Relocation often brings extra expenses, such as airfare, gas, lodging, or passport fees, when a child travels between homes. Courts can consider how those costs will be paid and whether they should be shared or assigned to one parent. Clear orders help reduce disagreements later and give both parents a better sense of what the new arrangement will mean financially.
Working Through Practical Parenting Challenges
Even when a court grants a relocation, the parents still have to figure out what parenting looks like from two states away. Relocation can change day-to-day routines, school involvement, and how emergencies are handled, so planning matters.
As families think through those logistics, it can help to focus on a few practical strategies:
Communication routines: Parents may decide on regular calls or video chats, with agreed-upon times and expectations, so the child can stay connected to the parent who lives farther away.
Sharing school and activity information: The moving parent can commit to sending report cards, calendars, and updates so the other parent can stay involved in school and extracurricular decisions.
Travel planning and costs: Parents can discuss how long-distance travel will work, including who buys tickets, how far in advance they’re purchased, and how disruptions will be handled.
Thoughtful planning doesn’t remove all stress, but it can make transitions smoother for the child. Because emotions are often high during a move, many parents turn to a family law firm to help them understand their options and prepare for court if needed.
Steps to Take if You Expect a Relocation Dispute
When you start to suspect that relocation may become an issue, it’s better to prepare before papers are filed rather than react at the last minute. Good preparation can help you stay organized, protect your time with your child, and present your concerns clearly if the case goes to court.
Parents can start laying the groundwork by taking practical steps like these:
Collect key documents: Gather school records, medical records, activity schedules, and messages that show your involvement with your child and how the current arrangements are working.
Track parenting involvement: Keep a simple log of pickups, drop-offs, homework help, appointments, and special events so you can show the pattern of your daily role in your child’s life.
Consider mediation or discussion: If it’s safe and practical, explore whether structured conversations or mediation could help you address relocation concerns before conflict escalates.
Talk with a family law firm: Meet with a lawyer who handles relocation and custody issues so you understand your options, likely timelines, and what evidence may matter most.
Taking these steps doesn’t mean you’re committing to a particular outcome, but it does give you a clearer picture of where you stand. When parents prepare thoughtfully and stay focused on the child’s needs, they’re in a better position to work toward a solution that supports stability, meaningful contact, and long-term growth.
Experienced Family Law Attorney
If you’re facing a potential move or worried about losing meaningful time with your child, Attorney Lisa M. Potter at THE POTTER LAW GROUP (Formerly The Okoh-Brown Law Group, PLLC) can walk through the details with you and discuss practical steps for protecting your relationship and your child’s stability.
Based in Houston, Texas, the firm serves clients throughout Texas, including Houston, Dallas, Fort Worth, San Antonio, El Paso, as well as in New Mexico, Arizona, California, Florida, and New York. Call today to learn more about a relocation request.
