Relocation cases in Texas hit hard because they ask the court to redraw the map of a child’s life. If you’ve just been served with a relocation suit, you are not dealing with a paperwork chore. You are dealing with questions about your child’s home base, routine, schooling, health care, and access to both parents. The clock starts the moment a process server hands you the petition. The choices you make in the next few weeks will shape your case.
I’ve guided parents through these fights across metro and rural counties. The facts shift, but the framework stays steady: meet deadlines, protect the child’s daily life, document like a litigator, and build a narrative that is credible under Texas law. Here is how that looks in practice.
What a relocation suit really asks the court to decide
Most Texas orders for conservatorship and possession limit a child’s residence to a county or cluster of neighboring counties, often the county of the divorce or where the child has lived for years. A relocation suit asks the court to modify those terms so the child can move farther away, sometimes across Texas, sometimes out of state. The suit can be filed by the parent with the right to designate the child’s primary residence, or by a parent seeking that right along with the move.
The legal standard is the best interest of the child. Judges weigh a mix of factors: the reasons for the move, the quality of each parent’s relationship with the child, the child’s ties to school and community, cost and feasibility of maintaining possession schedules, and whether the move helps or harms stability. Texas courts do not treat relocation as routine. Even a good reason to move is not enough if the impact on the child’s relationship with the nonmoving parent is severe and cannot be mitigated.
It is also common for relocation to come bundled with other issues. Child support, travel costs, possession schedules, and decision-making authority often land on the table. In a high net worth divorce or a contested divorce that already left scars, a relocation case can reopen old wounds and require deeper financial disclosures. Expect the case to be part custody, part logistics, part budget.
The first 72 hours after service
I tell every client the same thing: do not panic, do not message the other parent in anger, and do not miss your deadline to answer. In most Texas cases you have around 20 days plus the following Monday at 10 a.m. to file an answer, though local rules and service dates can change the count. A general denial preserves your defenses while you and your family law attorney assess strategy. If a temporary orders hearing is already set, the window can be much shorter.
Before the weekend ends, gather your existing court orders, school calendars, your child’s extracurricular schedules, medical records, and any written communications about the proposed move. If there is a geographic restriction in your order, highlight it. If there has been talk of relocating informally, capture those texts and emails before phones get lost or accounts sync wrong.
The next move is triage: where will the child stay, and who will manage daily routines, until the court hears the case? If you can hold to the existing schedule, judges appreciate the continuity. If the other parent tries to unilaterally change possession based on the suit, document those attempts and speak with your child custody lawyer about emergency relief.
Temporary orders decide the middle of the case
Relocation cases hinge on temporary orders. Those hearings, often held within weeks, shape the child’s residence, possession schedule, and decision-making until the final trial. A strong showing at temporary orders can anchor the status quo for months. That advantage matters because Texas courts prefer stability, and a child thriving under temporary orders gives the judge a default template for final relief.
Prepare for temporary orders as if it were a mini-trial. You may have limited time to present witnesses, so be strategic. Teachers, coaches, school counselors, and caregivers with firsthand knowledge of the child’s routine can carry more weight than extended family with general opinions. Bring clean exhibits: school attendance reports, grade trends, therapy notes where appropriate, calendars that show time spent with each parent, and a map that illustrates the distance, drive time, and flight options between homes. If you are opposing the move, show how the current setup supports the child’s life and how the proposed move complicates that picture. If you are seeking the move, offer a concrete plan for preserving the child’s relationship with the other parent, not just promises of FaceTime.
Judges also look hard at travel logistics and cost sharing. If flights are necessary, propose carriers, airports, and a sharing formula that is equitable and realistic. When parents have unequal incomes, especially in a high net worth divorce context, courts sometimes allocate travel costs proportionally. Be ready to discuss work schedules, flexibility, and extended holiday time to offset distance.
The law under the hood: what judges actually weigh
Statutes and case law guide these decisions, but judges apply them through the facts you bring. The themes show up again and again:
- Motivation for the move. A job transfer with a clear pay increase or career trajectory lands differently than a move to be near a new partner without other supports. If the moving parent has done the homework on schools, childcare, and healthcare access, the ask looks more responsible. Quality and consistency of the child’s relationships. Judges study who attends parent-teacher conferences, who schedules doctor visits, and who gets the child to practice on time. A calendar that shows regular involvement beats general testimony. Feasibility of preserving the nonmoving parent’s relationship. Creative schedules can help. For example, if the distance is three to five hours by car, alternating weekends may be replaced by longer blocks during the school year and extended summer, plus mid-semester long weekends. If it is a flight, consider monthly long weekends tied to school holidays and six to eight weeks of summer, with make-up time for missed visits. Stability and continuity. If the child is deeply rooted in a school community, religious setting, or therapy regimen, disruption is scrutinized. Judges often ask what the child loses and what the child gains, then weigh the delta. History of co-parenting. A parent who has supported the other’s possession time, shared information promptly, and made reasonable accommodations earns credibility. Conversely, a parent who withholds information or uses exchanges as battlegrounds risks credibility on relocation claims.
No one factor controls. I have seen moves approved because the relocating parent had an exceptional support network and a thoughtful plan that expanded, not reduced, the other parent’s time in large blocks. I have also seen moves denied when the case relied on aspirational plans and glossed over the distance problem.
Evidence that moves the needle
In close cases, details decide outcomes. A relocation hearing is not the time for vague talk about better schools. Prove it. Pull district ratings, program availability, and actual enrollment timelines. If the child has special needs, compare services side by side. If the moving parent’s job includes a raise, get offer letters and HR confirmations with start dates, benefits, and travel requirements.
For the parent opposing the move, quantify the hit to your time. Use a calendar to show the current pattern of day-to-day involvement: school drop-offs, homework supervision, medical appointments attended. Judges respond to specifics like, “I coach her Tuesday and Thursday, pick up at 5:15, and take her to practice from 6 to 7:30. After practice she eats at my place and is in bed by 8:30.” That kind of detail signals engaged parenting.
Document the child’s voice carefully. Texas courts may consider the preferences of children aged 12 and older through an in-camera interview with the judge, but judges do not like to see children pressured or used as messengers. If the child is in therapy, consult with your attorney before attempting to introduce statements through a therapist, because privilege and proper foundations matter.
Working with your lawyer: set roles, clear tasks
Relocation litigation moves fast. Coordination with your family law attorney, or a dedicated child custody attorney if your case calls for it, should follow a simple division of labor. Your lawyer handles pleadings, motions, and courtroom strategy. You gather records, prepare witness lists, and keep a clean timeline of events. Create a shared evidence folder organized by category: school, medical, travel, communications, finances. Date-stamp everything. Screenshots should include timestamps and phone numbers. If there are sensitive materials, use secure transfer, not casual email.
If money, trusts, or complex compensation packages drive the move, bring in the right professionals. A forensic accountant may be useful in a high net worth divorce or modification where relocation intersects with child support, stock vesting, or business distributions. That does not turn your case into a financial trial, but it can fill gaps when the court needs a clear view of resources to allocate travel costs or adjust support.
Temporary restraining orders and status quo protection
When a parent threatens to move before the court decides, a temporary restraining order can freeze the child’s residence and preserve access to school and records. TROs are not punitive; they aim to hold the field until the hearing. If you need one, act promptly. Courts often issue TROs the same day if the pleading is specific and the risk is credible. Afterward, the court sets a temporary orders hearing, where both sides can be heard. If you are on the receiving end of a TRO, follow it to the letter. Violations undercut credibility and can trigger sanctions.
Negotiating when emotions run hot
Not every relocation case needs a full trial. Mediation can produce creative solutions that courts lack time to craft. I have seen parents split the school year and summers by grade level, align major holidays with extended travel time, rotate spring breaks, and share airline miles or companion fares. Remote work has opened additional flexibility. If one parent can relocate part time or spend extended blocks in the child’s city, the sting of distance softens.
Mediation is also a place probate lawyer to resolve money friction that fuels relocation. If the moving parent seeks a cost-of-living jump, the nonmoving parent may agree to longer summer possession and reduced child support during those months in exchange for lower travel costs. None of this happens casually. It takes precise drafting. Get the flight windows, exchange times, and cost allocations into the order. Judges appreciate mediated settlements that read like a travel manual rather than a wish list.
How courts adjust possession schedules if relocation is allowed
If relocation is approved, the possession schedule typically shifts from frequent short visits to fewer but longer periods. Expect the court to anchor time around school calendars. Many orders provide that the nonprimary parent receives extended summer possession, blocks of time during Thanksgiving and spring break, and alternating major holidays, with makeup time if travel or weather interferes. Courts may set minimum airfare purchase windows to control costs and require parents to share itineraries and confirmations by a fixed date.
Technology fills gaps but does not replace in-person time. Orders often include regular video calls at set times. Treat those as sacred. Courts watch compliance with virtual contact like they watch exchange punctuality. A parent who obstructs calls invites modifications later.
When relocation is denied
If the court denies relocation, the moving parent may face a practical decision: stay or go. Most orders with a geographic restriction tie the child’s residence to a location while allowing either parent to move freely as an adult. If the parent relocates without the child, the court often adjusts possession to keep school-year stability with the nonmoving parent. This is where planning early matters. Judges look for a parent’s ability to pivot in the child’s best interest rather than force the child to absorb adult choices.
Parallel battles: support, alimony, and enforcement
Relocation cases commonly collide with child support and spousal maintenance. If travel costs spike, a court may reallocate expenses or tweak support. An alimony lawyer who knows the tax and cash flow implications can help avoid accidental consequences, especially where stock options or partnership draws fund the move. If a parent falls behind on support while paying for flights, courts do not look kindly on self-help. Seek a modification rather than assume travel spend will offset arrears.
Enforcement sits in the background. If a parent ignores the order, refuses to surrender passports, or sabotages exchanges, enforcement actions can bring fines, attorney’s fees, or even jail time in extreme cases. Keep a calm record. Judges reward the parent who follows the order and documents violations without drama.
Working with the school and medical providers
Schools and providers need clean instructions. Once a relocation suit is filed, deliver the current order to the school registrar and to the child’s primary physician and therapist. Confirm both parents’ rights of access to records under Texas law unless the order limits access. Keep schools out of adult fights. Teachers should not be subpoenaed unless their testimony is essential. If you must involve them, do so respectfully and narrowly. Judges notice when a parent tries to weaponize a school.
If the move would require school transfer mid-year, prepare a concrete transition plan: start date, records transfer, IEP or 504 continuity, transportation, and after-school care. If the child is in therapy, line up continuity options in the new location and confirm insurance coverage. These are the details that reassure judges the move is a plan, not a hope.
Social media and impressions that matter
Screenshots of posts where a parent celebrates “finally getting away from this place” or mocks the other parent’s relationship with the child come into evidence more often than people realize. Lock down your accounts. Do not post about the case. Do not crowdsource legal advice. Even private groups leak. If you message friends about the other parent, assume a judge will read it. Present as the adult who is centered on the child, who respects the other parent’s role, and who follows orders.
Special situations: military families, interstate moves, and international risk
Military relocations raise unique issues. Permanent Change of Station orders carry weight, but they do not guarantee relocation approval. Judges weigh the same best-interest factors, though they are more familiar with the frequent moves service members face. Build a plan that honors the child’s routine and expands nonmoving parent time during leave and breaks.
Interstate moves add Uniform Child Custody Jurisdiction and Enforcement Act considerations. Texas retains jurisdiction if it is the child’s home state and orders exist, but practical matters like enforcement in the new state deserve attention. For international moves, judges may require safeguards such as passport surrender between trips, bonds to ensure return, or mirror orders in the destination jurisdiction. If the destination is a country that has not acceded to the Hague Convention on international child abduction, opposition to the move often gains traction. In those cases, specialized counsel and sometimes an adoption attorney or probate attorney can provide insight into cross-border guardianship or estate planning for minors, especially if the move intersects with family trusts or guardianship instruments.
The human side: helping your child through the process
Children absorb adult stress. Keep exchanges calm. Do not rehearse testimony with them. Maintain routines. If you need a therapist for the child, choose a clinician familiar with court-involved cases and coordinate with your family attorney so privilege and disclosures are handled correctly. If your case includes a parenting facilitator or coordinator, use that resource to solve practical snags before they turn into motions.
Small, steady signals of stability matter: consistent bedtimes, reliable pick-ups, a stocked backpack, and no adult talk at the handoff. Judges read those cues through school feedback and the child’s demeanor.
When to bring in additional legal disciplines
Relocation sometimes sits in a web of other legal needs. If the move accompanies remarriage that includes stepparent adoption, consult an adoption lawyer early to map timelines and required consents. If your financial structure is complex, coordinate with an estate planning attorney to update guardianship designations, medical authorizations, and trusts affected by a change of domicile. In larger estates, beneficiary designations and domicile can change probate exposure, which is a conversation for a probate lawyer when assets or business interests cross state lines.
This cross-disciplinary work should not take over the custody case. It should support it, reduce surprises, and make your overall plan coherent.
A practical game plan you can follow
- Calendar every deadline from the citation, including the answer date and any temporary orders hearing, with reminders 48 and 24 hours ahead. Build your evidence binder: orders, calendars, school records, medical notes, travel data, job documents, and a clean timeline covering key dates. Map your proposed schedules with travel specifics, not aspirations, and price typical trips for the court. Choose witnesses who know the child’s daily life and prepare them with exact dates, not opinions. Maintain the current schedule as closely as possible and log any deviations without confrontation.
The day in court: what to expect
Most temporary orders hearings last a morning or an afternoon. The judge will expect concise testimony and focused exhibits. Your family law attorney will present your case first if you are the moving party, otherwise you will respond. Cross-examination can feel uncomfortable; answer questions directly, do not guess, and do not volunteer extras. If a question requires context, your lawyer can follow up on redirect. Judges often rule from the bench in temporary orders, then issue written orders a few days later. Be ready to implement immediately.
Final trials may happen months later. Depending on the county, you may see a jury on conservatorship questions, but relocation is typically a bench decision. The themes remain the same, only deeper. Your credibility from temporary orders carries forward. So does your compliance with interim terms.
How to think about settlement offers
A fair offer recognizes the distance problem and buys stability. If you oppose the move, a settlement that keeps the child local but expands the other parent’s long blocks might be a win. If you seek the move, you may need to concede travel costs, long summer stretches, and regular virtual contact with clear time windows. Work the math. Sometimes paying an extra $300 per month toward travel buys 40 additional in-person hours with your child each year. Sometimes it is the difference between a judge saying yes or no.
If you are in a contested divorce that has not fully resolved, try to decouple property negotiations from relocation where possible. Trading the family home for a move might solve one problem and create another. In an uncontested divorce setting, the cooperation you built can carry into a relocation agreement if life circumstances shift. Either way, keep your eye on the child’s daily experience, and let that guide the give and take.
After the order: living with the outcome and planning ahead
Once the judge signs, follow the order exactly. Share calendars early each semester. Book flights within required windows. Keep receipts. If the order says exchanges at the halfway point, build buffer time for traffic. If the order contemplates using a parenting app, actually use it. Judges read those logs when modifications arise.
Life changes. Jobs evolve, partners move, children’s needs grow. Texas allows modifications when material and substantial changes occur and when the change benefits the child. If your relocated plan works brilliantly or poorly, document outcomes. Grade reports, attendance, therapy progress, and travel compliance will all matter if you return to court.
Relocation suits force hard choices. With a focused strategy, disciplined evidence, and a plan that respects the child’s ties to both parents, you give the court a solution it can trust. Whether you are the parent hoping to move or the parent fighting to keep your child’s home base intact, the steps are the same: act fast, think practically, and put the child’s real life, not abstractions, at the center of every decision. If you do that, judges notice, and your odds improve.