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In Texas, courts usually grant either joint managing conservatorship (joint legal custody) or sole managing conservatorship (sole legal custody). Conservatorship involves making decisions about the child’s life, such as education and healthcare. Possession and access (physical custody and visitation) refer to the rights each parent has to spend time with the child.
Courts make all custody and visitation decisions based on the best interests of the child. Texas law encourages both parents to stay involved after separation, assuming it supports the child’s well-being.
The Impact of Distance on Visitation Schedules
The distance between parents’ homes can change how possession and visitation work in Texas. If the parents live within 50 miles of each other, the noncustodial parent usually gets the child on the 1st, 3rd, and 5th weekends, Thursday evenings during the school year, and certain times during holidays and summer. If the parents live 51 to 100 miles apart, the schedule is generally the same, but Thursday visits might no longer apply. Once the distance exceeds 100 miles, there are usually no Thursday visits, and the noncustodial parent may choose one weekend per month instead of three. Longer summer and holiday visits often apply in those cases.
What Happens When a Parent Relocates?
If a parent with the exclusive right to decide where the child lives wants to move, the court may step in. Most custody orders include a geographic restriction. This restriction limits how far the child can move from a set area, like a county or school district. If the parent wants to move outside of that area, they often need the other parent’s agreement or the court’s permission. The court will review whether the move serves the child’s needs. If the move would make it harder for the other parent to stay involved, the court may deny it or change the current order.
Modifying a Custody or Visitation Order Due to Relocation
If a parent’s move affects an existing possession schedule, the other parent can ask the court to change the order. The requesting parent must show a material and substantial change in circumstances since the last order. A long-distance move often meets this standard. If the parent files the case within one year of the last order, they must also include an affidavit with facts that support the request. The court will only move forward if the affidavit gives valid reasons. If accepted, the court will hold a hearing and decide what is best for the child.
Relocation and Increased Travel Expenses
If a parent moves, the court can decide how to divide any added travel expenses between the parents. The court considers who caused the higher costs and whether the proposed arrangement benefits the child in determining who pays for travel expenses. If the parent who moved caused the extra cost, the law presumes that parent should pay for it. However, this presumption can be challenged. The court will aim to create a fair arrangement based on each parent’s situation and the child’s needs. The goal is to allow the child to spend time with both parents as regularly as possible in spite of the move.
Get Help from a Texas Custody Lawyer
If you’re dealing with a move that could affect your parenting time in Texas, it pays to prepare in advance. Don’t take the plunge until you’ve talked to the experienced custody lawyers at Navarrete & Schwartz, P.C. We can review your situation, help you understand your rights and obligations, and represent you throughout your case. Contact us now to arrange your initial consultation.