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Factors that can affect child custody relocation

On Behalf of | Apr 28, 2022 | Child Custody

For some Texas residents, relocating after a divorce is an option. However, if there are children involved, moving can become more involved as there are some factors that can affect whether the court will approve the custodial parent’s relocation request since it is a child custody issue.

The reasons for the moving matter

Since all decisions that affect child custody are made by the court with the best interests of the child at the forefront, relocation is no different. There are reasons for a move that the court will look at favorably and others that might be perceived as bad-faith moves. Some of the reasons why a court might approve a relocation request include:

  • Seeking to continue your education
  • Looking for better job opportunities
  • Moving to an area that offers a higher quality of life for you and the child
  • Relocating to be closer to extended family that can help you with child care

Additionally, the court usually prefers moves where distance does not prevent visitation with the other parent. On the other hand, the court will usually not approve relocation requests that are done to prevent the other parent from seeing their child or to get revenge on the other parent for the divorce.

The relationship between the child and the parents is key

As the court considers a relocation request, it will also evaluate the relationship the child has with each parent. This will affect the court’s perception of how the move will impact the child emotionally. In general, courts want to avoid disrupting the child’s life too much but will also consider what the child wants in such a situation if the child is old enough to express this.

If you can prove to the court that your move is in good faith and that it will be beneficial to the child, your request might be approved. You should also be ready to look at alternatives to the move as part of the process.