How to Modify Child Custody If Your Ex Moves Out of State

Relocating after a child custody settlement can bring new upheaval to an already tense and divisive situation. You may be faced with having to know how to modify child custody if your ex plans to move out of state. If you didn’t use an attorney during your divorce, finding a lawyer with experience in cases like yours may be the right step forward in obtaining the results you want. This is especially true if you aren’t sure how to modify child custody yourself. In Texas, joint custody agreements (a.k.a. joint managing conservatorship) generally prohibit one parent moving the child out of the county where they lived prior to the divorce. Texas courts also strive for both parents to maintain a relationship with their child whenever possible.

You should be notified prior to the move if your ex intends to move your child out of state. Ideally, spouses should make an effort to agree on custody before the move takes place. If this is not possible, a new custody hearing may take place, during which your ex may be required to prove that relocation is in the child’s best interests. These reasons may include new work or educational opportunities for the parent, or having an extended family or support network nearby. If you oppose the move, it is important you have a list of reasons why it’s not in the best interests of the child. Your attorney can help you prepare for this as you look into how to change your child custody agreement before your ex leaves.

Texas laws on how to modify child custody in the event that one parent moves out of state are always interpreted with the best interests of the child in mind. If the court suspects that a parent is using the move to damage the child’s relationship with the other parent, they may not be permitted to move. If there is abuse, neglect, endangerment, or other unacceptable circumstances at issue, an experienced family law attorney can help the courts understand the particulars of the situation.


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