If you want to move with the children but share custody with your co-parent, you must follow the proper channels. Otherwise, you may face various legal issues, such as being held in contempt of court or parental kidnapping accusations.
In Texas, you can agree with your co-parent on the relocation and any changes it may have on the parenting plan. If your co-parent does not object to the move, the court will formalize and recognize the new arrangement as long as it is in the children’s best interests. Alternatively, you can go to court to get permission if your co-parent opposes the move.
Filing a modification petition in court
Moving with the children involves the court modifying any geographical restrictions existing on the current orders. Therefore, you need to justify your relocation and why it is in the children’s best interests.
The process involves a hearing where a family court judge will listen to you and your co-parent before issuing a determination. It helps to have any evidence or documentation that supports your modification petition. Keep in mind that the court will still determine the matter if your co-parent does not show up in court after being served the petition notice.
The court may approve or reject your modification petition after reviewing several factors, key among them is the effect of such a move on the children. If the judge deems the relocation necessary, they will adjust the previous parenting plan to reflect the current situation.
In some cases, it is possible to get temporary orders that allow you to relocate with the children, pending the court’s final decision.
Understand what you need to do
Ultimately, every parent wants the best for their children. If you are thinking of moving with the children or are opposed to your co-parent relocating with them, you need to understand your legal options and what you can do to safeguard your children’s wellbeing.
With the necessary information and guidance, you will be in a better position to make sound decisions and take the right actions to help you achieve your objectives.