Texas law typically allows both parents to see their children after a divorce or a separation, and designated times will be outlined in a custody or visitation agreement. Custody or visitation agreements are written documents that detail the rights and responsibilities of both parents after a relationship comes to an end. In some cases, the agreement will stipulate that you can’t take your child out of the state without court approval or without significant changes to an existing plan.
How relocation impacts custody
The parent who is relocating must make sure that moving doesn’t result in the other parent losing access to the child. For example, if you take your child to another state, you may have to make arrangements for the other parent to call or interact with the child by phone or online. It may also be necessary to rearrange a custody schedule so that your former partner gets adequate parenting time.
For instance, the schedule might be changed so that your child spends summers or other school breaks with the other parent. If you are the one moving with the child, you may be required to pay transportation and other costs related to the new child custody plan.
You might lose custody or visitation rights
If you are the one who is relocating, there is no guarantee that you’ll be able to take your child with you. This may be true if you are moving away from family members or others who can care for your son or daughter while you work. It’s also possible that you can lose custody of your child simply because relocating will take the child away from extended family members, friends or other important people in the child’s life.
On its own, relocating won’t necessarily result in the loss of custody or other parental rights. However, you will need to obtain approval from the court as well as from the other parent before significant changes can be made. Even if you don’t need the other parent’s permission, talking with your former partner can help to ensure that everyone is on the same page about what is happening.
