Relocation

Texas law traditionally allowed only one parent the right to designate the primary residence of a child, normally within a defined geographic area but occasionally without regard to geographic location. Beginning September 1, 2009, the law was changed to eliminate this requirement, so long as the child’s primary residence would remain within a specifically defined geographic area.

Relocation cases are very difficult, and result when one parent wishes to move with the child outside of a defined geographic area over the other parent’s objection. A child who is 12 years or older may express a preference in a meeting with the Judge, but in the end the decision whether to permit relocation is decided by the Judge (who must once again decide whether the move is in “the best interest of the child”).