If you want to move out of the Midland area with your child, or prevent your co-parent from relocating your child, a Midland relocation attorney at Navarrete & Schwartz, P.C. can help you understand your options. Texas custody orders often include geographic restrictions, and a move outside the permitted area may require a modification of the existing order.
We represent parents in Midland, Odessa, and throughout the Permian Basin in relocation disputes involving custody, geographic restrictions, and possession schedules. We can review your custody order and determine what legal steps may be required before a move occurs.
Why Hire Navarrete & Schwartz for Your Relocation Case
Relocation cases often turn on the specific terms of your custody order and the circumstances behind the proposed move. We focus on building a strategy that reflects both your parental rights and your child’s needs.
- Decades serving West Texas families. Our attorneys bring roughly 40 years of combined legal experience to family law matters in Midland and surrounding communities.
- Prepared for contested cases. When parents cannot agree on relocation, we are prepared to present your case in court and protect your parental rights.
- Familiarity with Permian Basin family needs. We understand how job transfers, rotational work schedules, and opportunities outside the region can affect custody and relocation decisions.
- Broader legal representation. If custody issues overlap with protective orders or criminal allegations, our family law and criminal defense practice can address related concerns.
- Individual attention. We consider the reasons for the move, its impact on your child, and the outcome you want to pursue.
What Is a Geographic Restriction in a Texas Custody Order?
A geographic restriction limits the area where a parent may establish the child’s primary residence. Texas does not have a single statute governing parental relocation. Instead, custody orders commonly give one parent the right to determine the child’s primary residence within a defined area.
An order may restrict the child’s residence to Midland County, surrounding counties or another area. Moving the child outside that boundary may require the other parent’s agreement and a court-approved modification.
We can review your custody order and explain how its geographic restriction applies to a proposed move.
Do You Have to Give Notice Before Moving With Your Child?
Yes. Texas custody orders generally require advance notice before a parent changes their residence address. Under Texas Family Code § 105.006, notice must be provided at least 60 days before the intended change when known that far in advance. Otherwise, notice must be provided within five days after learning of the change.
Giving notice does not authorize a move outside an existing geographic restriction. The parent may still need the other parent’s agreement or a court-approved modification.
How Do Texas Courts Decide Whether to Approve a Relocation?
To modify a Texas custody order for relocation, the requesting parent must show a material and substantial change in circumstances, and the modification must be in the child’s best interests.
Factors the court may consider include:
- The reason for the proposed move
- Educational, employment, and housing opportunities
- The child’s relationships with each parent and extended family
- Whether the distance allows meaningful contact with both parents
The evidence supporting or opposing the move can have a significant effect on the outcome.
How Does Relocation Affect Custody and Visitation?
Relocation can change a Texas possession schedule, particularly when the possessory conservator (the parent who does not determine the child’s primary residence) lives more than 100 miles from the child. Under the Texas Standard Possession Order, that parent can elect one weekend per month instead of the first, third, and fifth weekends. This means fewer regular weekends but more concentrated time during school breaks, including spring break each year and up to 42 days of summer possession instead of 30.
The alternative weekend schedule can be elected through the required notice without filing a modification solely for that change. Your custody order’s specific terms control. A relocation case may also address transportation, travel expenses, and which parent has the right to determine the child’s primary residence.
What Are Your Options If You Want to Relocate?
If you want to move outside the geographic area in your current order, we can pursue an agreement with your co-parent or seek a modification asking the court to lift or expand the restriction.
Evidence such as an employment offer, housing arrangements, school information, and a realistic long-distance possession plan can help show how the proposed move would affect your child.
What Are Your Options If You Oppose the Relocation?
If your co-parent wants to move your child outside the permitted area, you can oppose the modification and ask the court to maintain the existing restriction.
If the other parent has already violated the custody order, you may be able to seek enforcement. Depending on the circumstances, you may also request a modification of which parent determines the child’s primary residence.
Protect Your Parental Rights Before a Relocation
Whether you want to relocate or oppose a proposed move, addressing the issue before the move occurs can give you more options.
Contact Navarrete & Schwartz, P.C. to speak with a Midland relocation attorney. We will review your custody order, explain your options, and represent you in negotiations or court when necessary.
Frequently Asked Questions
Does My Child Get a Say in Whether We Move?
A Texas judge may interview a child who is 12 or older in chambers about the child’s wishes concerning primary residence. The child’s preference may be considered, but the court ultimately decides based on the child’s best interests.
What If There Is No Custody Order in Place Yet?
Without an existing custody order, there may be no court-ordered geographic restriction. If you are concerned the other parent may relocate, speak with an attorney promptly about establishing custody orders and appropriate restrictions.
Can a Geographic Restriction End Automatically?
Sometimes. A custody order may state that a geographic restriction ends if the other parent moves outside a particular area or another specified condition occurs. The language of your order determines whether such a provision applies.