What if one parent has to relocate out of state – how does that affect child conservatorship?

Dallas, TX family law attorney, Paula Lock Smyth talks about what happens to child conservatorship if a parent has to relocate out of state.

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Phone: (214) 420-1800


Well relocation cases are most frequent cases I see, actually, and I either represent one side who wants to relocate, in other words, they’re the primary managing conservator of the child and they’re usually restricted to where they can keep the child’s residence. It’s not the party’s residence it’s the child’s residence that the court wants to restrict. Typically, in Texas that’s with the county in which the case is filed or surrounding or what we call contiguous counties.

I often also represent the other part, the other parent who wants to resist relocation. The courts are very hesitant to grant relocation in a situation where the other parent is very involved with the child. So as long as that parent is exercising their visitation, going up to the school to have lunch with the child, attending the child’s activities, sports events, whatever then the court is much less likely to grant a relocation. But frankly, this is one of the most hotly litigated topics because there’s a case out there called the Lens case and it listed an entire paragraph worth of factors that the court needs to consider to determine whether or not someone should be allowed to relocate their child.