How to Serve Notice of Relocation in Texas: Child Custody Attorney Checklist

Texas gives parents significant freedom to build a life, but it puts guardrails around moves that affect children with court-ordered custody or visitation. If you are a parent with a Texas order and you plan to relocate, even a well-intended move can trigger a contested hearing if you mishandle the notice. The safest path is straightforward: know your order, give timely and proper notice, document every step, and be ready to explain why the move serves your child’s best interests.

This guide blends the statute, the typical local rules we see across Texas counties, and lived experience from cases on both sides of relocation. It is written for parents and for professionals, including any family lawyer who wants a practical checklist for advising clients. The tone is direct because deadlines are real and consequences can be severe, including modified custody or sanctions for noncompliance.

Most Texas final orders on children appoint parents as joint managing conservators and include a possession schedule and a geographic restriction. The restriction often limits the child’s residence to a county or a multi-county area, sometimes tethered to where the other parent lives. The order is your starting point. It will usually specify whether a parent may move freely within the restricted area and what must happen before moving outside of it.

Even without a geographic restriction, a move that materially affects the other parent’s possession or the child’s school and community can justify court involvement. Courts weigh the child’s best interests under the Texas Family Code and the familiar Holley factors: the child’s needs today and in the future, parental abilities, stability of the home, plans for the child, and the quality of the parent-child relationships. Judges also focus on whether the moving parent acted in good faith, gave timely notice, and offered realistic ways to preserve the child’s relationship with the nonrelocating parent.

What “notice of relocation” means in practice

Lawyers sometimes assume notice means a quick email. Too many cases go sideways because that email lacked key information or hit the other parent’s inbox a week before the moving truck arrived. Proper notice means a written communication that includes all details required by your order and, where the order is silent, by common-sense best practices.

Most Texas orders require notice of any change of residence, and many orders referencing relocation mimic or incorporate a 60 to 90 day window when feasible. Even if your order does not state a specific lead time, aim for 60 days when you can. If an emergency forces a quicker move, explain the circumstances and provide all details promptly.

A child custody attorney’s checklist for serving notice

Here is a practical, field-tested list of what to do and document. This is one of the two lists you will see in this article. Print it, annotate it, and add your local court’s preferences.

Read the order line by line for relocation and notice clauses, deadlines, and service methods. Prepare a written notice with full details: proposed move date, new address if available, city and zip at a minimum, reason for relocation, new school information, and a proposed revised possession and travel plan. Serve the notice using every method the order allows, plus one trackable method: certified mail, email, and any platform specified by the court. Keep proofs. Calendar response and filing deadlines. If the other parent objects or your order requires court permission, file an appropriate motion to modify before you move. Maintain a relocation file: the order, your notice, receipts, school letters, job offer or transfer letter, housing documents, and a log of communications.

Timing, deadlines, and the “no surprises” rule

Texas courts appreciate planning. If you know 90 days in advance that your employer is transferring you from Houston to Austin, give notice as soon as the transfer is written. When parents hurry, they miss small but critical steps: school withdrawal forms, carpool handoffs, and summer schedule adjustments. Those details become exhibit A in a hearing about whether the move disrupts the child’s stability.

If the other parent agrees in writing, file an agreed modification that updates the geographic restriction and possession schedule. Do not rely on handshakes. If the other parent objects, seek a temporary orders hearing before you move. Judges rarely accommodate unilateral relocations that undercut the other parent’s access, and a swift objection can lead to orders barring the move until trial.

What must be in the notice

A good notice anticipates the court’s questions. It should read like a tight summary of your relocation plan rather than a closing argument. Judges compare words with conduct, so avoid promises you cannot keep. Include:

Dates. State the planned move date and any interim stays if you are moving in stages. Location. Provide the full address if you have a signed lease or closing date. If you are still searching, give the target city or school zone and the date by which you will finalize housing. Reason. Job transfer with a letter attached, new spouse’s employment, proximity to extended family who provide childcare, lower cost of living that increases stability. Be specific. Schooling. Name the proposed school, the calendar, and any special programs relevant to your child’s needs. Add your plan for records transfer and continuity of services if your child has an IEP or 504 plan. Possession and travel. Propose a revised schedule. If distance increases, offer expanded summer periods, holiday rotations, and transportation solutions. Spell out who pays for flights, pick-ups, and drop-offs. Technology plan. Weekly video calls at consistent times with both parents doing their part. Small details like bedtime calls can defuse anxiety. Contact information. Updated phone and email for both the parent and, when age appropriate, the child’s device.

Experienced family law attorneys also attach exhibits: the job offer, apartment application or lease, school ratings or program details, and estimates for airfare or drive times. Hard data signals good faith.

Service method and proof: build a clean record

Most orders specify acceptable communication channels between parents. Comply with those, and add a redundant trackable method. Certified mail with return receipt gives a paper trail. Email with a read receipt can help, but not all courts weigh that lightly. If your order names a co-parenting app, upload the notice there too.

Avoid text-only notice for the main message. Texts can supplement, but long texts get lost and are hard to read as a whole in court. If you must use text to warn of a short deadline, follow immediately with a formal letter or email that mirrors the content.

Keep a timeline: when you sent notice, when it was delivered, how the other parent responded, and any follow-up. A simple one-page chronology helps judges see your diligence quickly.

When you need court permission or a modification

If your final order includes a geographic restriction that would be violated by the move, you need a modification or an agreed order lifting or expanding the restriction. Some orders allow the restriction to lift automatically if the other parent moves outside a defined area, but you still need clarity for law enforcement and schools. Get it in writing from the court.

If the other parent objects, file a petition to modify and a motion for temporary orders. The temporary hearing is where most relocation fights are won or lost, because it sets the status quo that can persist for months. Preparation matters. Bring your documents, a clear possession proposal, and practical solutions for travel and costs. Judges favor parents who respect the other parent’s role and present feasible logistics.

How judges analyze best interests in relocation cases

Arguments about relocation often miss the target. Parents talk about their own needs, but judges listen for how the move affects the child’s day-to-day life and relationships. The analysis is fact-intensive. Themes that tend to carry weight include:

Stability and continuity. If the move trades a steady school and settled community for speculation, the court will be skeptical. If the move solves a stability problem, such as securing consistent housing or a predictable work schedule, that helps. Quality of the child’s relationship with each parent. Courts are cautious about moves that dilute a strong, frequent bond with the nonrelocating parent. A plan that increases summer and holiday time, with paid travel and set communication, can mitigate the distance. Practical logistics. Long drives on school nights, costly flights without a realistic payment plan, or repeated missed exchanges undercut credibility. The more detailed and workable your plan, the better. Parental cooperation. Judges reward parents who notify early, share information, and compromise. If the relocating parent stonewalls or the objecting parent refuses reasonable adjustments, the court notices. Special needs and services. If a child receives therapy, tutoring, or medical care, come with evidence that equivalent or better services will be in place immediately after the move.

No single factor is dispositive. A promotion that doubles income might not overcome the loss of weekly time with the other parent. Conversely, moving closer to grandparents who have been daily caregivers can be compelling, especially for young children or in single-parent work schedules.

Common mistakes that create avoidable risk

The same missteps show up over and over in contested hearings. From a practitioner’s view, three stand out.

First, moving first and asking permission later. Courts view this as a red flag about future co-parenting. Even if the move is allowed, the judge may impose strict conditions or adjust primary possession.

Second, vague notices. “We’re thinking about moving to San Antonio next year” invites confusion and conflict. If details are not final, say what is tentative, give dates for updates, and send updates on schedule.

Third, ignoring the cost and time of travel. A promise to split airfare means little if neither parent can afford holiday flights. Price out typical fares or driving times, budget accordingly, and write it into your proposed order.

A layer of realism for high net worth and long-distance moves

In high net worth divorce or post-decree cases, the resources exist to make long-distance parenting work, and courts expect to see that. Private shuttles, companion fares for younger children, and flexible school breaks can preserve meaningful relationships. A child custody attorney should capture these options in the proposal and demonstrate the parent’s willingness to fund them without nickel-and-diming the other side.

On the other hand, in constrained circumstances a parent might sustain a relocation argument by showing that the move reduces rent by several hundred dollars a month, shortens commute time, or provides family childcare that eliminates aftercare costs. These concrete numbers speak louder than generalities.

Drafting a relocation-ready modification order

Once you and the other parent reach agreement or the court rules, the written order should be specific. Vague orders breed future litigation. Include:

The updated geographic restriction, stated by county or contiguous counties, or tied to the nonrelocating parent’s county. The child’s primary residence designation, if applicable, and any conditions tied to school enrollment. A possession schedule that accounts for distance, with precise exchange times, location, and who handles transportation on each leg. Allocation of travel costs and booking responsibilities, including deadlines for purchasing tickets. Make-up time rules when travel disruptions occur, and a stated communication routine during the other parent’s possession. Provisions for sharing school calendars, report cards, extracurricular schedules, and medical information through a specified platform.

Family law attorneys who also handle contested divorce or uncontested divorce matters know that clarity up front saves money later. In relocation cases particularly, granular drafting is an investment.

Special situations: military orders, protective orders, and safety planning

Some relocations are not choices. Military service members with PCS orders must balance compliance with a court’s timeline. Good practice is to provide the orders as soon as possible, work through counsel to expedite a temporary orders hearing, and propose a schedule that maximizes time when the service member is in Texas. Courts are familiar with these realities, but they still expect notice and a coherent plan.

If a divorce attorney hannahlawpc.com protective order is in place or there is a history of family violence, notice rules may change for safety. The court may allow notice through counsel only, with limited disclosure of the new address, or may require a confidential address with the Office of the Attorney General. A family law attorney should tailor the notice to the order’s safety provisions. Judges understand that safety can outweigh transparency, and the Texas Family Code provides mechanisms to keep addresses private while keeping the other parent informed about the child’s welfare.

What if you receive a relocation notice

Parents on the receiving end of notice should resist the urge to respond with an emotional “no.” Ask for details in writing if anything is missing. If you object, calendar deadlines and consult a child custody lawyer quickly. Early strategy matters. In many counties, you can secure a temporary orders setting within a few weeks if you act promptly. Collect evidence of your day-to-day involvement: school drop-offs, homework time, medical appointments, extracurricular coaching. This is not about scoring points, it is about showing the court your real role in the child’s life.

When the relocating parent proposes a revised schedule, engage with it. Offer alternatives that preserve your core time. Suggest shared costs or different holiday splits. Judges take note of the parent who works toward a solution even while litigating.

Relocation often intersects with child support. A move can change childcare costs, travel expenses, and even income. A child support attorney can align support with the new reality so neither parent bears an unfair burden. If alimony or spousal maintenance is part of your decree, and the move stems from job changes, talk to an alimony lawyer about whether modification is available or advisable.

Occasionally, relocation touches adoption issues, especially when a stepparent adoption is planned and the move affects service on a biological parent. An adoption attorney can sequence filings to avoid jurisdictional snags. In complex families with trusts or significant assets, it might also make sense to coordinate with an estate planning attorney to update guardianship designations, powers of attorney, and beneficiary designations after the move, particularly if the move crosses state lines. A probate attorney becomes relevant if a custody dispute arises in the context of a parent’s death or guardianship proceeding. The point is not to create work, but to avoid blind spots.

Practical examples from the trenches

A father in Dallas receives a promotion that requires moving to San Antonio within 75 days. His order restricts the child’s residence to Dallas County and contiguous counties. He sends written notice immediately with the offer letter attached, proposes to fund twice-monthly weekend flights or alternating long weekends during the school year, and offers the full first half of the summer and most winter break. He files a modification within two weeks. At the temporary hearing, the court keeps the child in Dallas for the school year, but approves the father’s travel plan, grants extended holiday time, and sets a status review after the child completes the school year. The clean notice and credible logistics preserved his relationship and prevented a reactive injunction.

A mother in Harris County plans to move to College Station to live near her parents, who can provide daily childcare while she works hospital shifts. The other parent objects. Her notice includes a letter from her employer about her shift schedule, a statement from the children’s pediatrician confirming that the grandparents have been approved backup caregivers, and a school plan with before-and-after care options. She proposes midweek virtual homework sessions with the other parent and three out of four weekends each month in Houston, with her covering gas and one hotel night per month. The court approves a temporary move with structured weekend time and mandates monthly co-parenting updates. The reason was concrete, the care plan credible, and the travel plan realistic.

A parent moves from Austin to El Paso without notice, citing a sudden rental eviction. The other parent files for enforcement and a temporary restraining order. The judge is sympathetic to the eviction but sanctions the moving parent for failing to notify and orders the child returned to Travis County pending a full hearing. The lesson is clear: when emergencies strike, notify first, move second when possible, and involve the court quickly.

How to keep conflict low and credibility high

Relocation cases can become personal fast. The antidote is transparency. Share documents without waiting for formal discovery. Offer compromise without conceding your position. Keep your tone measured in emails. Judges read tone. When parents show maturity and focus on the child’s daily life, they often secure practical solutions even if they lose some points on principle.

Attorneys can help by drafting notices that are businesslike, not argumentative, and by steering clients away from absolutist positions. If you are the relocating parent, demonstrate how you will shoulder inconvenience and cost so the child does not bear it. If you oppose the move, present a viable local plan with the stability and support you can offer.

Final checklist for parents and practitioners

Here is the second and final list in this article. It is a compact summary you can revisit before you send notice or walk into court.

Know your order and the geographic restriction. Do not guess. Give written, detailed notice early, and serve it through trackable channels. Attach proof: job letters, housing, school info, and a concrete possession and travel plan. If there is any dispute or restriction, file for modification and request temporary orders before moving. Keep a meticulous record. Judges reward preparation and good faith.

Relocation is not a legal trap so long as you treat it as a process rather than an announcement. The process respects the child’s ties to both parents, gives the court what it needs to make sound temporary orders, and preserves your credibility. Whether you are a parent weighing a tough move or a family law attorney guiding a client, precision and planning are the currency that buys trust in a Texas courtroom.

Edit

Pub: 22 Aug 2025 23:27 UTC

Views: 1