Can I Move With My Child After a Divorce in Texas?

The Short Answer

Maybe, but the answer starts with your custody order, not your new lease. Many Texas divorce decrees limit where the child’s primary residence can be. If your order has that kind of limit, moving outside it generally takes the other parent’s written agreement approved by the court, or a new court order. Moving first and asking later can hurt your case.

Start With Your Order

When a Texas court names parents joint managing conservators, the order identifies the parent who has the right to designate the child’s primary residence. The order then either sets a geographic area where the child’s primary residence must stay, or says that parent can choose the residence without regard to location. The exact area is written in each order.

Look for language about the child’s primary residence in the conservatorship section of your decree. If the area is limited, a move inside it is generally allowed. A move outside it is not, until the order changes.

If There Is No Geographic Restriction

If your order lets you designate the child’s residence without regard to location, you may be able to move without changing the order. That does not end the discussion. The other parent still has court-ordered possession, and a long-distance move can make the current schedule unworkable. The other parent could also ask the court to modify the order in response. Talk to a family law attorney before you commit to a move.

You Still Have to Give Notice

Texas custody orders generally require each party to tell the other party, the court and the state case registry about an intended change of address. The notice is usually due by the 60th day before the move, or by the fifth day after you learn of the change if you could not have known sooner. Check your own order for the exact wording, because it controls.

Asking the Other Parent to Agree

Many relocation questions are settled by agreement. Parents can agree to lift or change the geographic restriction and adjust the possession schedule, travel costs and exchanges to fit the new distance. An agreement should be put in writing and turned into a court order. A handshake deal does not change the existing order, and either parent could still enforce the old one. Mediation is often a good place to work this out.

Asking the Court to Change the Order

If the other parent will not agree, you can file a suit to modify. Generally, the court may change custody terms if the change is in the child’s best interest and the circumstances of the child or a parent have materially and substantially changed since the order was made. If you are asking to change who designates the child’s primary residence within one year of the order, Texas law requires a sworn affidavit with supporting facts before the court will hold a hearing.

What Courts Look At in a Relocation Case

There is no simple formula. Texas courts weigh the child’s best interest when a parent wants to move. That can include the reasons for and against the move, the education, health and leisure opportunities it offers, the effect on extended family relationships, the effect on the child’s time and communication with the other parent, whether the other parent could also relocate, and the child’s age. Courts also look at Texas public policy, which favors frequent and continuing contact with parents who have shown they act in the child’s best interest.

If the Other Parent Wants to Move Your Child

The same rules apply in reverse. If the other parent has the right to designate the child’s residence and wants to move outside the geographic area, they generally need your agreement or a court order. If they move without either, you can ask the court that issued the order to enforce it. If they file to lift the restriction, you can respond and ask the court to keep it in place or adjust the schedule.

Moving Before a Case Is Filed

If you are separated but no custody case has been filed yet, a move can still affect your case. Texas courts generally decide a first custody case when Texas is the child’s home state, meaning the child lived here with a parent for at least six consecutive months before the case began. Leaving the state with a child early in a separation can create jurisdiction disputes. Get advice first.

Frequently Asked Questions

Can I move with my child without the other parent’s permission in Texas?

Only if your order allows it. If your order limits the child’s primary residence to a geographic area, moving outside that area generally requires the other parent’s agreement approved by the court or a new court order.

What is a geographic restriction in a Texas custody order?

It is a limit on where the parent with the right to designate the child’s primary residence can keep that residence. The exact area is written in each order.

How much notice do I have to give before moving?

Texas orders generally require notice of an intended address change by the 60th day before the move, or by the fifth day after you learn of the change if you could not have known sooner. Your order sets the exact requirement.

What happens if I move with my child without permission?

The other parent can ask the court to enforce the order, and the move may become an issue in a later custody dispute. Talk to a family law attorney before you move.

Does a move automatically change the possession schedule?

No. The existing order stays in effect until a court changes it. Parents who will live far apart usually need a modified schedule that accounts for travel and exchanges.

Pfister Family Law helps parents in Frisco, Plano, Allen, McKinney and across Collin County with relocation requests, geographic restrictions and custody modifications, whether you want to move or want to keep your child close. John J. Pfister Jr. and Jacob Jeffries are each board-certified in family law by the Texas Board of Legal Specialization. Call 972-712-6700 to schedule a confidential consultation, or learn more on our modifications and child custody pages.