El Paso Parental Relocation

Location Limits in Texas Custody Orders

In a joint managing conservatorship, both parents generally share specified parental rights and duties, although those rights don’t have to be identical. Under Sections 153.133 and 153.134 of the Texas Family Code, the order designates which conservator has the exclusive right to determine the child’s primary residence.

The order must establish a geographic area in which that residence may be designated or state that it can be chosen without regard to location. This limit controls where the child may primarily live. It doesn’t prohibit either parent from living outside the restricted area.

A parent who lives outside that area remains subject to the existing possession schedule unless the court or a later modification changes it. That distinction matters because moving a parent’s home and relocating a child aren’t necessarily the same legal issue.

Changing Court-Ordered Location Limits

Texas doesn’t have a standalone parental relocation statute. When a proposed move conflicts with a geographic restriction, courts generally apply the custody modification standard in Section 156.101 of the Texas Family Code and the child’s best-interest standard in Section 153.002.

The best-interest standard centers the decision on the child rather than either parent’s preference alone. Texas public policy also supports frequent and continuing contact between children and parents who have demonstrated an ability to act in their children’s best interests. It encourages parents to share rights and duties after separation.

A parent may ask to remove or expand a geographic restriction, while the other parent may seek to retain it or request different custody terms. The evidence and pleadings should correspond to the requested relief and the circumstances affecting the child.

Requests filed within one year: A request filed within one year of the prior order to change the exclusive right to designate the child’s primary residence has an additional threshold requirement. Under Section 156.102 of the Texas Family Code, the filing must include a supporting affidavit containing specific allegations before the case may proceed. Whether that requirement applies depends on the timing and nature of the requested modification.

Parents living more than 100 miles apart: Section 153.313 of the Texas Family Code changes provisions of the standard possession schedule when parents live more than 100 miles apart. The distance provision addresses possession arrangements. It doesn’t independently decide whether a move is permitted under the existing order.

Interstate Relocation & Texas Jurisdiction

A move outside Texas can raise questions about which state has authority over the custody case. The Uniform Child Custody Jurisdiction and Enforcement Act provides the framework states use to resolve jurisdiction and enforcement issues involving children across state lines. Texas adopted it in Chapter 152 of the Texas Family Code.

Section 152.201 contains home-state rules used to determine which state’s court has authority to make an initial child custody determination. Home state generally concerns where the child lived with a parent or person acting as a parent during the relevant statutory period. Jurisdiction can depend on the child’s history, prior proceedings, and existing orders.

We consider jurisdiction when determining how to approach an interstate relocation matter. Reviewing it before filing or moving can identify the proper court and requested relief without assuming that an out-of-state move automatically transfers authority elsewhere.