My children and I have been so much happier since my divorce. Still, some things are more complicated. Dealing with my ex-husband and the visitation schedule is frustrating. He doesn’t always respond to my calls. Sometimes, he isn’t home when I arrive to drop off the kids. Other times, he keeps them for too long. Things between us went downhill when he refused to sign my certified child custody relocation letter.
When I received a job offer in another city I knew that I needed to notify the father of my child before moving. Unfortunately, he refused to accept the certified relocation letter that I was sending him via certified mail. I was stressed. Could I still move away if my ex-husband refused to take a certified relocation letter?
What are the Texas Child Custody Requirements to a Non-Custodial Parent Before a Move?
Texas child custody law mandates that a custodial parent must make the non-custodial parent aware of any planned move. I had to make sure to give him at least 60-days’ notice to ensure that he was aware of my intent to relocate with the children. Otherwise, the court may deny the relocation. In my case, there was plenty of time. However, if a 60-day notice had not been possible, then I would have had to notify him as soon as I became aware of my plans. Some child custody orders will also contain details of what a relocating parent needs to do to provide notice. You may need to ask your attorney and read the terms of your court custody order carefully.
When a child’s residence has been restricted to a particular area in Texas, one parent cannot just move with the child outside of that geographical area. It doesn’t only apply when you move out of state. You need to first get approval from the court. Typically, this means that the parent wishing to move must send a child custody relocation letter to provide notice. He or she must also seek a court order modifying the initial child custody arrangement stated in the custody order. The revised custody and visitation schedule for the new location they intend to move to must also be approved.
Requirements and Recourse for Non-Custodial Parent
The relocation notice must include certain information when it is sent to the non-relocating parent. The relocating parent must state:
- Intent to move
- The destination they intend to relocate to
- Reasons for relocation
- A statement that indicates the non-relocating parent may have 30 days to file a petition with the court to contest the relocation
- Address and phone number of the new residence
In my situation, the original parenting plan did not restrict my kid’s residence to a specific geographical location. The move will not affect his parenting time. However, this did not mean that I could just relocate without regard to my ex’s wishes. If he had opposed my move, he could have filed a motion challenging the relocation within 30 days of the notice to relocate. He could even have obtained a temporary restraining order to prevent me from leaving until after the court held an official hearing.
My Attorney’s Advice On My Relocation Letter
I knew I needed to send the dad a parent relocation letter to let him know my moving date and the address of my new residence. Since he was not accepting my messages, what could I do? I finally decided to contact a family law attorney to help me.
My attorney told me that the most important thing to do was record all of the attempts I made to notify my ex-husband that I wanted to relocate. She said that all of the mail receipts and his refusal to sign for my letter would be strong evidence that I had acted in good faith. This would help to ward off claims that I intended to alienate the child from him. Also, if I could show how relocating for my new job will provide me more money to support my child, it would further advance my cause to relocate. My attorney helped me to build my case and file a petition to the court.
The moving parent must also use certified mail with a return receipt. This is so you have evidence that you intended to provide notice to your ex but they did not answer.
In Texas, Child Welfare Comes First
Texas’s policy toward child custody cases is to decide based on what’s in the child’s best interest. Whenever the court hears about the possession of a child or visitation, they will consider the welfare and best interests of the child first.
Even though I wanted to relocate and had sent multiple relocation letters, I needed to show that the relocation would be the best thing for the child. I learned that the court considered the following factors in its decision:
Facts About Relocation Letters
- What were my reasons for relocating and moving away?
- How would relocating impact the psychological needs of my children?
- Was there quality health care where we were relocating to?
- Were there equal or better educational opportunities at our destination?
- What did the children prefer?
Crucial Factors In A Texas Judge’s Decision To Allow A Move Out of State
After looking at these factors, if the court thinks that the move out of state or to another city is best for the child, it will consider a few other factors before giving you the go-ahead for child custody relocation.
Considerations For Relocation
- What is the current relationship between my children and their father or the non-relocating parent?
- What is his track record of interest in fostering a relationship with them?
- Could the dad deal with a new, more complicated visitation schedule? Would it negatively affect his relationship with the children? What would be the impact of a long-distance parenting relationship?
- Would my ex be able to afford to pay for the travel expenses associated with visiting his babies in another city?
For me, it wasn’t enough that I could show that I had been trying to provide notice to my ex with relocation letters. I was having a hard time getting permission from the court to relocate if my ex didn’t want to respond to my letters. If you seek to move out of state or to another city with your children, file a petition to object to child custody relocation within 30 days, or want to contest a motion to modify your child visitation rights and parenting time, you have legal recourse. The court may often also require you to change a child custody order and revise the parenting plan as part of your relocation.
We can help with a child custody relocation letter
Let the award-winning family law experts at Sean Lynch law firm help you prepare your child custody case when you intend to move out of state. They have decades of experience in family law and can provide legal advice. Contact us today for a no-cost case review with a qualified family law attorney.