How Does Place of Residency Affect Divorce and Family Law Issues in Texas?

 Posted on October 19, 2015 in Divorce

Whether it's where you live or where your child or ex-spouse lives, place of residency is an important issue in divorce and child custody cases.

In fact, before a married couple can get divorced in Texas, at least one of the spouses must have lived in the state for the past six months. The same spouse must also have resided for the preceding 90 days in the county where the divorce petition was filed.

Important to note: a nonresident spouse can still file for divorce in Texas if the other spouse meets the residency requirements.

What about post-divorce relocation with children? Is it difficult or easy in Texas?

Parents with legal custody of their kids may want to relocate with them for a variety of reasons. In Texas, though, courts tightly restrict the rights of parents who want to relocate with their kids.

In general, Texas courts assume two things from the outset in child custody cases: that a child has the right to see both parents, and that both parents have the right to see their child. You can also expect the court to prioritize the child's best interests above all other concerns.

In other words, even if the relocation would result in a new job and a significant pay raise for the parent who plans to move, the court may not grant the relocation if it would harm an already good relationship between the child and the parent who plans to stay.

Any parent with relocation concerns should seek help from an attorney with experience in post-divorce child relocation and out-of-state family law issues.

Even when a parent's proposed relocation with a child is approved by the court, there are often out-of-state family law issues that still need to be addressed. The same can be said when a parent from another state relocates to Texas.

Like other states, Texas has adopted the Uniform Child Custody Jurisdiction and Enforcement Act, the purpose of which is to regulate different state rules regarding child custody, support and visitation. At Daniel R. Bacalis, P.C., we help families navigate the complex interplay of child relocation and other states' family laws.

For more on these matters, please see our overview of out-of-state family law issues.