Get Out-of-state Party Affidavit Declaracin Jurada De Parte Fuera Del Estado - Texaslawhelp

In these cases, I am often asked, “Can a custodial parent can move out of state in Texas?” Ultimately, the answer is yes, provided that the custodial parent takes the appropriate legal steps and complies with the provisions of their custody order.

Before we discuss further, it's important to note that the parents can legally relocate to any location they wish with no geographic restrictions. Child custody laws in Texas only apply to the children as per the law's relocation clause. Child custody will be transferred to the other parent in this case.

Under Texas child custody laws, when moving out of state, the parent who is primary must usually get the other parent's consent if they want to take the child with them. If they do not obtain consent, they must petition the court to request permission to move out of state.

The Standard Possession Order says that if the parents don't agree, the noncustodial parent has the right to possession of the child at the times provided for in Texas Family Code 153.3171 if the parents live within 50 miles of one another (starting with cases filed on or after September 1, 2021).

A non-custodial parent in Texas has the right to move out of the state or assigned geographic area; however, the children cannot relocate with them. When the non-custodial parent moves out of state, an update to the visitation schedule will likely be necessary.

Under Texas child custody laws, when moving out of state, the parent who is primary must usually get the other parent's consent if they want to take the child with them. If they do not obtain consent, they must petition the court to request permission to move out of state.

Before we discuss further, it's important to note that the parents can legally relocate to any location they wish with no geographic restrictions. Child custody laws in Texas only apply to the children as per the law's relocation clause. Child custody will be transferred to the other parent in this case.

File (turn in) your completed letter, affidavit, and two copies of the orders with the court. To file your forms online, go to E-File Texas and follow the instructions. To file your forms in person, take them to the district clerk's office in the county you have determined is the correct county to register the orders.