Relocating with children is a big decision, and when joint custody is involved, the process becomes even more complex. If you’re a Texas parent thinking about moving to a new city or town, understanding your legal rights and responsibilities is essential to protect your custody arrangement and maintain a healthy relationship with your children.
At The Law Office of Bryan Fagan, PLLC, we recognize that life changes can bring exciting opportunities but also challenges, especially when co-parenting across distances. This blog will guide you through the key considerations and legal steps involved in relocating with joint custody in Texas — helping you make informed choices that prioritize your children’s well-being and comply with state law.
Why Relocation Matters in Joint Custody Cases
In Texas, joint custody means both parents share the rights and duties of managing the child’s care and upbringing, even if the child primarily lives with one parent. When one parent plans to move, the relocation can affect visitation schedules, access, and the child’s connection with both parents.
Texas courts balance many factors when deciding whether to approve a move, including the child’s best interest, the reason for relocating, the distance involved, and how the move affects the non-relocating parent’s rights. Simply deciding to move without proper notice or court approval can lead to legal disputes or even modification of custody orders.
Understanding the Legal Requirements for Relocation in Texas
If you have joint custody, Texas law requires you to provide written notice to the other parent at least 60 days before your intended move. This notice must include:
- The specific address or general location of the new residence
- The date of the move
- A detailed proposal for a revised visitation schedule
Failing to provide this notice may lead to court intervention and could negatively impact your custody rights.
If the other parent objects to the move, the matter may end up in court where a judge will decide based on the child’s best interests. Factors the court typically considers include:
- The reason for the relocation (work, family, education, etc.)
- How the move will benefit the child and the relocating parent
- The effect on the non-moving parent’s visitation and relationship with the child
- The child’s adjustment to their current school, home, and community
Crafting a Practical Visitation Plan After Relocation
Successful relocation often hinges on establishing a workable visitation plan that respects both parents’ rights and maintains the child’s stability. Some common solutions include:
- Adjusting visitation times around school holidays and summer breaks
- Using virtual visitation like video calls to supplement in-person visits
- Scheduling longer visits during school breaks to compensate for less frequent travel
- Agreeing on transportation responsibilities for visitation exchanges
The key is to remain flexible and communicative to minimize conflict and support your child’s emotional needs.
When to Seek Legal Advice About Relocation
Relocation disputes can be complicated and emotionally charged. Even if you believe the move is in your child’s best interest, it’s critical to understand your rights and obligations under Texas family law. Consulting with a qualified custody lawyer early can help you:
- Ensure proper notice is given and documented
- Negotiate a relocation agreement with the other parent
- Prepare for potential court hearings if disputes arise
- Protect your parental rights while prioritizing your child’s welfare
At The Law Office of Bryan Fagan, PLLC, we guide Texas parents through the relocation process with compassion and legal expertise. Our goal is to help you achieve a resolution that keeps your family connected, secure, and thriving — wherever life takes you.
Final Thoughts
Moving with joint custody requires careful planning and cooperation between parents. By understanding the legal framework in Texas and taking proactive steps, you can navigate relocation with confidence and focus on what matters most: your child’s happiness and stability.
If you’re considering a move or facing a custody dispute related to relocation, call (713) 701-9322 today to schedule a confidential consultation. Let us help you protect your rights and build a strong future for your family.
Bryan Joseph Fagan is a respected child custody attorney based in Houston, Texas, with deep roots in Atascocita. As the first lawyer in a close-knit family that includes two adopted brothers, Bryan brings a personal connection to every family law case he handles. His early caregiving experience—supporting his grandmother through Alzheimer’s while attending night school at South Texas College of Law—shaped his unwavering commitment to helping families through life’s toughest transitions.
Now a father of three, Bryan’s real-world parenting perspective enhances his legal insight. He leads one of the most dynamic family law teams in Texas, with a particular focus on child custody, visitation rights, and protecting parental rights. From hotly contested custody battles to amicable co-parenting arrangements, Bryan and his team understand that at the heart of every case is a child who deserves stability, safety, and love.
As a certified member of the College of the State Bar of Texas, Bryan holds himself to the highest standards of legal excellence and continuing education. He is known for crafting innovative, effective legal strategies that reflect both the letter of the law and the emotional realities families face.
Bryan’s practice spans every aspect of Texas family law, including:
Custody and visitation disputes
Modifications and enforcement of existing orders
Complex divorce proceedings involving children
Adoption and paternity cases
Marital property agreements
Defense against false CPS allegations
Bryan is also an active member of the Houston Bar Association’s Family Law Section and participates in statewide legal groups committed to improving outcomes for Texas families. Whether negotiating a peaceful custody agreement or litigating in court to protect a child’s best interests, Bryan Joseph Fagan is a fierce advocate for parents and children across Texas.
