Some people find themselves sharing custody because they’ve divorced. Others may never have married the other parent of their children. In either scenario, they may have a formal shared custody order. Such orders outline the parental rights and responsibilities of both adults.
Shared custody usually involves a combination of time spent with the children and authority regarding their daily lives. Parents see one another to exchange physical custody and communicate to effectively share legal custody or decision-making authority.
Sometimes, the circumstances of either parent may change in a way that could alter the custody arrangements. One parent might accept a job two towns over or get engaged to someone who lives in Oklahoma. What happens when one parent wants to move and intends to take the children with them?
Neither parent can make that decision on their own
When there is already a custody order in place, neither parent typically has the option of making unilateral decisions that can impact the overall family dynamic. Instead, the parent proposing a major change in circumstances must first communicate with the other parent.
They may even need to provide advance notice to the family courts. Unlike some states, Texas does not impose a specific distance after which relocation notice becomes mandatory. Instead, parents typically need to provide notice if a move is likely to affect the children’s daily lives or the custody arrangement.
In some cases, parents can work out a new custody arrangement, possibly one that grants the non-moving parent more time with the children over summer vacation and other school breaks. Other times, the parents may find that they cannot agree on how to address shared custody after the meeting.
The non-moving parent may worry that they could lose contact with their children and become alienated from them. In such cases, the matter may need to go back to court. A judge can then look at the overall family situation custody order and the details of the proposed move. They can then determine how to modify the existing custody order based on the best interest of the children.
Frequently, judges may approve relocation requests if they believe that they are beneficial for the children. However, if the move appears motivated by malice or an attempt at parental alienation, they may decline the request to move with the children.
Both those proposing a move and those opposing one generally need to focus their arguments in such cases on what might be in the best interest of the children. Discussing a potential move with a skilled legal team can help those who share child custody determine the best path forward given their unique circumstances. Provided that there is already a shared custody order in place, neither parent can simply leave with the children unless they secure appropriate approval for the move first.