Child Custody Relocation in Lewisville

Custody Strategies for Proposed Moves in Lewisville

A proposed move can affect where a child lives, how often each parent has possession, and whether an existing custody order must be changed. Haugen Law Firm, P.C. represents Lewisville parents seeking or opposing relocation. We develop a legal strategy around each family’s circumstances and goals.

We’ve represented families in child custody matters throughout Denton and Collin Counties since 2007. Depending on the issues and each parent’s position, we can pursue a negotiated parenting plan or present the dispute in Denton County family court.

Call (972) 460-6798 to discuss a proposed child relocation in Lewisville before taking action that may conflict with your custody order.

Geographic Restrictions in Texas Custody Orders

Texas doesn’t have a standalone relocation statute that automatically permits or prohibits a parent’s move. The existing custody order generally controls whether the child may move to the proposed location.

A geographic restriction limits where the child may primarily live. These provisions commonly identify the county where the case was filed and contiguous counties, although the exact language of each order matters. Texas joint managing conservatorship orders must either establish an area for the child’s primary residence or state that the parent with that right may designate the residence without regard to location.

A parent seeking to move the child outside a restricted area generally needs a custody modification. If the order doesn’t contain a location restriction, its remaining conservatorship, possession, and access terms still apply. Moving parents should have the full order reviewed rather than relying on one provision in isolation.

Texas Standards for Relocation Modifications

Changing a residence restriction requires proof of a material and substantial change in circumstances since the prior order under Section 156.101 of the Texas Family Code. The requested modification must also serve the child’s best interest, which controls custody decisions under Section 153.002.

Texas public policy favors frequent and continuing contact between children and parents who act in their best interest. In Lenz v. Lenz, the Texas Supreme Court discussed factors relevant to relocation but didn’t establish a single bright-line test.

Relocation considerations may include:

• The reasons supporting and opposing the proposed move.
• Whether each parent is acting in good faith.
• The effect on the child’s relationship with the non-relocating parent and extended family.
• Whether a workable possession schedule can preserve important relationships.

A request to change the parent who may designate the child’s residence within one year of the prior order carries an additional requirement. Under Texas Family Code § 156.102, the requesting parent must file a supporting affidavit addressing the statutory grounds for the early modification request.

Child Relocation Procedures in Denton County

We begin by reviewing the current order, including its residence limits and any notice provisions. Because no single statewide notice period applies to every situation, parents should review their order and applicable filing requirements before relocating with a child.

A requested move beyond an existing restriction proceeds through a custody modification case. Mediation or direct negotiation may produce an agreed parenting plan addressing residence, possession, and transportation. When material issues remain disputed, we can present the requested modification at a hearing in the Denton County Courts Building.

If a parent relocates without required approval or otherwise fails to honor custody or visitation terms, the other parent can seek enforcement through the Denton County courts. We prepare for negotiation while remaining ready to litigate unresolved custody issues.

Interstate Moves, Long-Distance Possession & Travel Costs

Interstate relocation can raise a separate question about which state has authority over the case. The Uniform Child Custody Jurisdiction and Enforcement Act, often called the UCCJEA, governs jurisdiction and enforcement when custody issues cross state lines. Texas adopted it in Family Code Chapter 152, including rules based on the child’s home state.

When parents live more than 100 miles apart, Section 153.313 of the Texas Family Code changes aspects of the standard possession schedule. That mileage rule doesn’t determine whether the relocation itself is permitted. The order’s residence limits and the modification standards remain central to that decision.

Courts may also address the added transportation costs created by a move. Under Section 156.103, courts may allocate increased relocation expenses on a fair and equitable basis. The law creates a rebuttable presumption that the relocating party bears those costs, but evidence may overcome that starting assumption.

Discuss Your Relocation Options with Us

We offer remote consultations for parents who can’t meet in person. We also offer a 20% discount to active-duty military members, firefighters, and teachers, plus a 10% discount to retired military members. You may reach us by phone or through our contact form to discuss your circumstances.

Call (972) 460-6798 to speak with us about seeking or opposing a child custody relocation in Lewisville.