Geographic Relocation

One of the most challenging issues in family law litigation is the request by one parent to permanently relocate the children a great distance from the other parent. This is often a gut-wrenching situation because the result could mean that the children end up far from one of their parents, making preserving a close and loving relationship a significant challenge. There is a widespread belief that disputes involving this type of situation are not conducive to resolution through mediation. This is typical because the response from one or both parties is, “there is no way the other side will agree to this!”

Relocation Law

State divorce statutes govern child residency relocation disputes. Although the particulars of the statutory framework may differ by state, the general analysis that each court undertakes has clear, common elements. Ordinarily, one parent, who has the primary care and control, seeks to relocate the minor children. This is often occasioned by the parent obtaining new employment out of state, wanting to marry a new partner who lives elsewhere or seeking to return to family. There are various other reasons why one parent would petition for the relocation of the children, but the result is necessarily similar. The new distance between parents will fundamentally disrupt the previous schedule and perhaps the relationships.

The Court Analysis

Texas courts will evaluate this relocation request based on the “best interests of the children.” Although there are myriad factors that the court may consider in each case – and each case is unique – there are distinct factors in every relocation case. The court examines whether the lives of the children will be enhanced. The court considers the motives of the parent seeking to remove the children and why the parent opposed such a move. The court examines the parents' relationship with the children and their contributions to the children. The court examines whether the removing parent was the primary caregiver and whether the parent opposing relocation has a close and loving relationship with the children and has regularly exercised parental responsibilities and parenting time. The court also reviews whether the parents can fashion a reasonable allocation of parental responsibilities agreement if relocation is allowed. Of course, the wishes of the children are also important. No one factor is determinative, and there is no bright-line test to determine whether the relocation should be allowed or denied.

The Path to Resolving the Dispute

The dispute often appears intractable. The parent left behind may feel their relationship with the children will be damaged beyond repair. Will the proposed time or schedule be adequate to maintain the current relationship? They may think that whatever time they are given to spend with the children is inadequate. In addition, they may feel that the removing parent is seeking relocation to deprive them of a relationship with the children.

Similarly, the relocating parent may think their life will be irreparably damaged if they cannot remove the children. The relocating parent may also believe that the other parent opposes the move because they are still angry about previous events, they are being vindictive, or they are just obstinate. There is, therefore, a natural reluctance to engage in mediation to resolve the dispute.

Mediation as an Option

It is possible in many instances to address these complicated issues related to relocation in mediation and to achieve a mutually agreed-upon resolution. Parents can visit with their children through video streaming services like FaceTime or Zoom. Video calls will never replace actual physical contact between parent and child. However, in addition to in-person visits, this technology can make maintaining the relationship between the contesting parent and the children more manageable. Internet custody platforms allow parents to exchange information about their children, such as Our Family Wizard or AppClose.

Additionally, arrangements can be made to finance the travel costs associated with visitation. Parties can be creative in mediation and devise solutions that a court cannot order. It is not uncommon for the parent seeking relocation to pay for the travel costs of the other parent. There also may be circumstances where the relocation parent has family or friends at the prior location and would be willing to bring the children back for visits. Parents who oppose relocation sometimes rightfully complain that they don’t want to have to visit their children in stark hotel rooms. However, with some creativity and thoughtfulness, appropriate accommodations could be made for such visits.

When relocation is disallowed, the parent seeking to move must decide whether to stay in the area or proceed notwithstanding the court’s ruling and possibly leave the children behind. This could result in a change in the children’s primary caretaker and bring about disorder and confusion in the children’s lives. This factor should be given careful consideration in the parents’ calculus. Both parents should be reluctant to upend the children’s lives with a change to balance in the original parenting responsibility agreement.

Relocation disputes are often complicated. However, as is true of other conflicts, with goodwill, creativity, and the intent to play children’s best interest first, it is possible to find a solution. This will benefit not only the children but also the parents.

Rob McAngus, Partner with Verner Brumley Parker, P.C., is Board Certified in Family Law and his practice is devoted primarily to family law, including high conflict divorce, custody cases, and complex property issues. In addition to being selected on the Board of Directors for the Family Law Section of the Dallas Bar Association; he values your priorities as a parent and works with you to achieve the goals that will help transition your family to a new normal. As both an adopted child and a member of a blended family, Rob can provide a unique perspective in the practice of family law.

Rob has been recognized in Super Lawyers as a Rising Star in 2016 through 2021, and recently The National Advocates recognized Rob as one of the Top 40 Under 40. He can be reached by calling 214.526.5234 or email at rmcangus@vernerbrumley.com. Mr. McAngus received his bachelor’s degree cum laude and master’s degree from Baylor University and graduated cum laude from the Dedman School of Law at Southern Methodist University.