Clearly the issue that must be addressed in relocation cases in Texas is whether the circumstances of the child or conservator materially and substantially changed, and is a modification to either permit, or prohibit, a move in the best interest of the child?
Material and Substantial Change Texas courts have consistently articulated that the fact that a move is contemplated or even has occurred does not in and of itself define a change of circumstances, however Court’s have held that if the custodial parent moves a significant distance, a finding of changed circumstances may be appropriate. Notwithstanding, the distance of the move must be taken into account, and no reported case, that I have read so-far, has failed to determine that a significant move constitutes a substantial change in circumstances. However, some Court’s have listed the following factors to be examined in determining whether a material and substantial change had occurred or would occur: (1) the distance involved; (2) the quality of the relationship between the non-custodial parent and the child; (3) the nature and quantity of the childs contacts with the non-custodial parent, both de jure and de facto; (4) whether the relocation would deprive the non-custodial parent of
