After a divorce, life doesn’t stop moving. New jobs, relationships, or family situations may create the need or desire to relocate. But if you share custody of your child in Texas, moving isn’t just a personal decision. It is often one of the most emotional and legally complex issues divorced parents face.
So, can you relocate with your child after a Texas divorce? The answer is: it depends. It depends on the terms of your custody order, whether the other parent agrees, and how the court views the impact on your child.
Most Custody Orders Include Geographic Restrictions
In Texas, most divorce decrees involving children include a geographic restriction. This limits where the child can live, usually to the county where the case was filed and surrounding counties. The idea is to make it easier for both parents to remain actively involved in the child’s life.
If you are the primary conservator (the parent with whom the child primarily lives), you will usually be the one affected by the restriction. If you want to move outside the allowed area, you must either get the other parent’s consent or ask the court to approve the change.
Getting the Other Parent’s Agreement
The easiest way to relocate is by agreement. If both parents agree to change the geographic restriction, you can submit a modified custody order to the court. Judges generally approve these agreements unless they conflict with the child’s best interests. But if the other parent objects, you will need to go to court and make your case.
What Happens When Parents Disagree?
If there is no agreement, the parent requesting the move must file a motion to modify the custody order. This often leads to a hearing where both parents present their arguments.
The court’s main focus is on one question: Is the move in the best interest of the child?
Factors the Court Will Consider
Texas judges consider several factors when deciding relocation cases, including:
- The reason for the move (such as a job offer or being closer to family)
- How does the move affect the child’s relationship with the non-moving parent
- The potential benefits to the child’s quality of life
- School and community opportunities in the new location
- The child’s preferences, especially if the child is age 12 or older
- The parents’ history of cooperation
It is important to remember that the court’s priority is the child, not the parent. A move that primarily benefits the adult is unlikely to be approved unless it clearly improves the child’s situation.
What If the Court Denies the Request?
If the court says no, you can still move, but your child will not be allowed to go with you. In that case, the other parent may become the primary conservator, and you could lose significant parenting time.
That is why it is critical to approach relocation carefully, build a strong case, and work with an experienced child custody attorney.
Can You Prevent a Future Relocation?
If you are the non-custodial parent and are worried about a possible future move, you can ask for strict geographic restrictions during your original custody case. You may also request advance notice requirements or court approval before any move is allowed.
Talk To a Texas Child Custody Attorney Today
Relocation cases are complicated. Whether you want to move or you are concerned about your child moving away, you need to understand your rights and how Texas law applies.
At Guest & Gray, our team helps parents navigate life after divorce with practical legal guidance and compassionate support. If you’re considering a possible relocation, please contact us today. We can help you plan your next steps and protect what matters most: your relationship with your child.
