Moving Out of State with a Child and No Custody Agreement

Moving Out of State with a Child and No Custody Agreement

People move out of state for many reasons; a new job, to take care of an aging parent, a change of pace, and so on. Moving to a new start can indicate a new start after a difficult experience like a separation or a divorce as well.

However, if you share custody, you should always consult a Fort Worth child custody attorney if you are considering a move, as there are strict guidelines. This is especially important not only in Fort Worth but also across other areas of Texas, where our legal team is ready to assist.

Can I move with my child if there is no custody agreement?

Moving out of state with child no custody agreement

If you are planning to move out of the state of Texas and do not have a custody agreement, you might assume that there are no limits on when and for how long you can travel with your child. 

It is important to understand that there are restrictions on moving to another state with a child if you do not have a custody agreement. The parent who is moving to another state will confirm that the co-parent agrees. If the other parent objects, they can file a custody case with the court to prevent the child from moving out of state. The parent who is moving will need to request and receive permission from the Texas court.

What Are the Legal Risks of Moving Out of State with a Child and No Custody Agreement?

Relocating with a child without a formal custody arrangement can pose significant legal risks, particularly if one parent disagrees. In Texas, both parents typically have equal rights unless a custody order specifies otherwise. Moving out of state without the other parent’s consent can lead to serious legal consequences, including:

• Court Intervention: The other parent can petition the court to have the child returned to Texas.
• Temporary Custody Orders: A judge may issue a temporary order to prevent the move until custody is fully determined.
• Parental Kidnapping Accusations: In extreme cases, unilateral relocation without consent could result in allegations of parental kidnapping.
• Impact on Future Custody: Moving without approval may negatively impact the relocating parent’s case in future custody decisions, as the court could interpret it as interference with the other parent’s rights.

Is It Possible to Move Out of State with a Child Without Father’s Permission in Texas?

In Texas, relocating with a child without the father’s consent can be legally challenging. Unless there is a custody order, the law generally presumes both parents have equal rights. This means that moving without an agreement may lead to complications. For instance, the father may object to the relocation and request a temporary court order to prevent the move until a custody arrangement is established.

Can a Mother Legally Move a Child Away from the Father in Texas?

Without a custody order, a mother in Texas may encounter legal barriers when attempting to move a child away from the father. Texas law usually gives both parents equal rights until the court intervenes. Moving a child without addressing the father’s rights may be seen by the court as an attempt to disrupt his parental access, which could influence future custody outcomes. The Texas Attorney General advises parents to establish formal custody agreements to clarify rights and responsibilities.

How Do Courts Handle Cases When Both Parents Want to Relocate?

When both parents wish to move to different locations, Texas courts evaluate the child’s best interests before making a decision. Judges consider factors like the stability each parent can offer, the emotional needs of the child, and the importance of maintaining relationships with both parents. In most cases, Texas courts favor arrangements that allow both parents to stay actively involved in the child’s life.

What If One Parent Refuses to Cooperate with Relocation?

If one parent does not agree to the move, the relocating parent may need court approval to proceed. Texas courts generally prefer cooperative parenting, so a refusal to cooperate could impact the objecting parent negatively, especially if the court finds that the relocation serves the child’s best interests.

What Role Does a Child’s Attorney Play in Out-of-State Moves Without a Custody Agreement?

In contested relocations, a court may appoint an attorney or guardian ad litem to represent the child’s best interests. This attorney provides an independent opinion on whether the move aligns with the child’s welfare. Such representation is often essential in complex cases, where both parents have opposing views on relocation.

Are There International Rules for Moving Children Across Borders?

Yes, international relocations are often governed by the Hague Convention on International Child Abduction. This treaty helps return children to their home country when one parent relocates them abroad without the other’s consent, providing a legal framework to resolve cross-border custody disputes.

How To Relocate With Your Child

The quickest and easiest way to relocate with your child is to discuss the move with the other parent and confirm that they agree to your moving out of state. If the co-parent does not agree with your move, your next step would be to petition the court with your request to move. A judge would then review and approve or deny your request. If the judge does not approve your request to move with your child, you can appeal this decision. Your experienced Texas Family Law attorney can help you plan for this. 

This also might be a good time to discuss creating a child custody agreement with the co-parent. A child custody agreement can help to outline schedules, when the child will be able to visit their other parent, and any financial aspects of the move, like who will pay for flights or travel, if necessary. These are all conversations that may continue to have and negotiations that you would need to keep working through if there is not a custody agreement in place. 

Steps To Relocating With A Child

Relocating with your child, regardless of if you have a custody agreement in place, can be tricky. There are a few steps that are helpful to take if you plan to move out of the state of Texas.

• Work with your attorney to come up with a plan for how you and the other co-parent will split time with your child. 
• Speak with the other co-parent and present your proposed schedule. 
• If the co-parent agrees, it is advisable to create a child custody agreement that can be referred to if needed. This will give you a concrete, legal document that shows both parents were in agreement in case one parent changes their mind in the future. 
• If the co-parent does not agree, you may need to bring your case to family court for a judge to review and grant or deny permission to move with your child. Your attorney can help to present your case to the court. 

Contact a Child Custody and Fort Worth family law attorney

If you are thinking about moving out of the Texas state with your child but do not have a custody agreement, it is advisable to speak with an experienced TX,Fort Worth family lawyer to learn more about your options. At MBH Texas Family Law, our team is well-versed in a wide range of child custody situations across Texas, including cities like Fort Worth, Southlake, Flower Mound, Keller, Colleyville, Trophy Club, Grapevine, North Richland Hills, and Denton, and we are ready to help. Contact us online today to schedule a free initial consultation. 

Fort Worth, TX Divorce & Family Lawyers

Constance Mims has over fifteen years of experience practicing exclusively family law. Mrs. Mims is Board Certified in Family Law, by the Texas Board of Legal Specialization. She is Collaborative Law certified and is a shrewd negotiator, not to mention her experience in the most challenging child custody, child support, spousal maintenance, alimony, prenuptial agreements, and divorce issues, both in court and in the appellate arena.

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