Protecting Your Family's Future

Life after Divorce — What Are Your Relocation Options?

Moving with Your Children after a Divorce in Texas

It’s not unusual these days after a divorce for an ex-spouse to want to relocate, either to take a new job, to be closer to family or just to get a fresh start. Maybe they plan to remarry and the future spouse lives in another part of the state or country.

In Texas, you can’t just pick up and move when there are minor children involved. Citing public policy that both seeks to assure that children have regular and continuing contact with both parents and that parents are encouraged to share the rights and duties of raising children, the legislature has put laws in place that allow relocation only when it is determined to be in the best interests of the minor children.

The “best interests of the children” must be established on a case-by-case basis, but courts in Texas and across the country will consider a broad range of factors when making the determination, including:

  • The age of the children
  • The reasons for (and against) the move
  • The nature of the child’s current relationship with each parent
  • The ability of the noncustodial parent to have frequent and continuing contact with the children
  • The effect a move will have on family relationships
  • The child’s extracurricular activities in the community

In most instances, the final divorce decree will prohibit the custodial parent from moving outside a predetermined area without the permission of the court. There is no set distance, as the court will look at the factors above and determine whether a move across the state or to another state will be in the best interests of the child.

Even if your divorce judgment is silent on the matter of relocation, you must still notify the noncustodial parent if you want to move away from the local area. The other parent may seek a temporary restraining order prohibiting you from moving until the court can hold a relocation hearing. At the court proceeding, you can provide information to demonstrate that moving will be in the best interests of your children, but ultimately the court will make that determination.

Questions About Life after Divorce — What Are Your Relocation Options? Custody, Divorce, and Family Law Attorney, Baytown, Texas

Stewart Law, PLLC, located in Baytown, Texas, provides legal counsel to parents involved in relocation issues, child support and custody matters, divorce, and other family law cases. If you have questions about how to stop your ex from moving away with your child, or other custody, divorce, or family law matters, we can give you advice that will help you decide how to proceed. For an initial assessment and consultation, contact our family law firm online or call our office at (281) 420-8020, at a reduced fee of $50.

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Stewart Law PLLC