Can My Ex Move Out of Texas With My Kids After a Divorce?
You have just spent months—or longer—hashing out a child custody agreement with your ex. It can be dismaying to find that they now want to move out of state with your child. What can you do if your ex would like to take your kids out of Texas?
Understanding Parenting Plans and Custody in Texas
Texas law now refers to joint legal custody as “joint managing conservatorship.” This means that parents will equally share not only time with their child but also the right to make crucial decisions for the child (medical, religious, educational…).
The arrangement between parents is known as a parenting plan. The judge will make custody decisions if a couple does not file a parenting plan with the court. The presumption is that both parents should remain joint managing conservators of their child. However, if either parent has demonstrated an inability to act in the child’s best interests, the court may award “sole managing conservatorship.”
Moving Out of Texas with Children
If the courts award joint managing conservatorship, they usually award “primary parent” to one parent. The primary parent has a limited geographic area where they can live.
The other parent has a detailed visitation schedule, so if the primary parent decides to move out of Texas, the matter could end up in front of a judge. If the parent has sole conservatorship of the child, they can move anywhere without a court order.
Should the primary parent want to move away, they must seek a court order to do so or get the other parent to agree to the move. If the other parent does not want the child to move away, that parent can apply for a temporary restraining order, preventing the move until the relocation hearing.
At the hearing, the primary parent must show a compelling reason for the proposed move. For example, suppose the parent cannot find comparable work locally, or they want to live closer to family members who can offer additional support for the child.
The parent awarded primary physical custody of the child can usually move into any county adjacent to the one where the couple finalized their divorce. If the proposed move is further than this, the judge will determine whether the move is in the best interests of the child.
If the judge has any reason to believe the primary parent’s move is an effort to sabotage the other parent’s relationship with the child, the judge will not allow the move.
The judge will determine how the move will affect the child and whether there are legitimate reasons to uproot the child from their home and community.
Further, the judge will determine if separation from the noncustodial parent will damage the relationship between that parent and the child.
When determining to allow or disallow relocation, the judge may ask the following questions:
- Will the child’s emotional needs and development continue to be met if the move is allowed?
- Can the parents make the child’s welfare their top priority, finding ways to allow the noncustodial parent continued access to the child?
- Will the custodial parent encourage a positive relationship between the child and the noncustodial parent, despite the distance?
If the child is at least 12 years old, the court may allow the child to choose which parent they want to live with. Relocation can also change child support amounts since the noncustodial parent will now have to travel to see the child.
If your ex has told you they would like to move away with your child—and you don’t want this to happen—you must speak to a Houston family law attorney as quickly as possible.
Your attorney can build a case to show the judge that moving is not in your child’s best interest. This might include gathering evidence and details about your relationship with your children, as well as the amount of time you spend with them.
Even if you believe that there is little hope – we can help. Call us today!
Contact Our Experienced Houston Family Law Attorneys Today
At Roger G. Jain & Associates, P.C., our Houston family law attorneys will work tirelessly to protect your parenting rights, your assets, and your future. If you don’t want your child to move away from you, we can help.
Call us today at 713-981-0600 or fill out our confidential contact form, and let us offer you the legal guidance and support you deserve!
Roger Jain is a dedicated trial lawyer who assists his clients in the following areas of practice: civil litigation, business law, criminal defense, juvenile law, estate planning and family Law.