08 Jun Can You Move Out of Texas With Your Child After a Divorce?
A job offer in another state. A family support system somewhere else. A fresh start after a painful divorce. These are real reasons people consider relocating after a marriage ends. But if children are involved and a Texas custody order is in place, moving is not simply a personal decision. It is a legal one, and the consequences of getting it wrong can be severe.
What Your Custody Order Likely Says
Most Texas custody orders include a geographic restriction that limits where the primary parent can establish the child’s primary residence. A common restriction limits residence to a specific county and its contiguous counties. Others may restrict residence to the state of Texas entirely.
If your order contains a geographic restriction and you move outside that area with your child, you are in violation of a court order regardless of your reasons. That violation can result in enforcement proceedings, contempt findings, and in serious cases, a modification that changes who has primary custody.
Before you make any plans to relocate, read your custody order carefully and identify whether a geographic restriction exists and exactly what it covers.
What If Your Order Has No Geographic Restriction?
If your custody order does not include a geographic restriction, you have more flexibility, but you are not without obligation. You are still required to provide written notice to the other parent before relocating. Under Texas Family Code Section 156.006, proper notice is required when a parent intends to change the child’s primary residence in a way that significantly impairs the other parent’s ability to exercise their rights.
Even without a restriction, the other parent can file for a temporary restraining order or seek a modification of the custody arrangement if the proposed move would substantially interfere with their time and relationship with the child.
Can You Get Court Permission to Move?
Yes. If your order restricts your ability to relocate but you have a legitimate reason, you can petition the court to modify the geographic restriction and allow the move. The court will evaluate the request using the best interest of the child standard and will consider factors including:
- The reason for the proposed relocation
- The impact on the child’s relationship with the non-relocating parent
- Whether a modified possession schedule could preserve that relationship
- The child’s ties to their current community, school, and extended family
- The child’s preference, depending on their age and maturity
Relocation cases are among the most contested in family law because they pit one parent’s legitimate life interests against the other parent’s relationship with their child. Courts take them seriously and so should you.
What If the Other Parent Agrees?
If both parents agree to the relocation, the process is significantly simpler. The agreement should be formalized through a modified court order that updates the geographic restriction, adjusts the possession schedule to account for the distance, and addresses transportation costs for visitation.
A verbal agreement between parents is not sufficient. Without a court order reflecting the new arrangement, either parent can later claim the original order still controls. Always memorialize agreements about custody and relocation in a formal court order.
What About Moving Within Texas?
If your order restricts residence to a specific county and contiguous counties, moving to another part of Texas that falls outside that area is still a violation. Texas is a large state and a move from Denton to Houston, for example, can be just as disruptive to a co-parenting arrangement as a move to another state entirely.
If your order restricts residence to the state of Texas without a county-specific limitation, you generally have more flexibility to move within state lines, but you should still review your order carefully and consult an attorney before making any significant move.
What Happens If You Move Without Permission?
Moving without court approval when a geographic restriction exists is one of the most serious mistakes a parent can make in a custody case. The consequences can include:
- A motion to enforce filed by the other parent
- A temporary order requiring you to return the child
- A modification hearing where the court reconsiders primary custody
- Contempt findings, which can include fines or in extreme cases jail time
Courts do not look favorably on parents who unilaterally violate custody orders, even when the reason for the move seems compelling. The right approach is always to seek permission first, whether from the other parent or from the court.
Get Legal Advice Before You Make Any Plans
Relocation with a child after a Texas divorce is one of the most legally complex situations a parent can face. The stakes are high on both sides. Before you accept a job offer, sign a lease, or tell your child you are moving, speak with a family law attorney who can review your specific order and advise you on the right path forward.
If you have questions about your situation, contact Navarrette Family Law today to schedule a consultation. Call (940) 243-5050.