You Got a Job Offer Out of The Woodlands. Can You Move After Divorce?
A job offer in another city can feel like a lifeline after divorce. Better pay, a fresh start, a chance to rebuild. But if you share custody of your children in The Woodlands area, does your divorce decree actually allow you to move?
The short answer is: it depends on what your custody order says, and what role you play in the custody arrangement. Texas courts take relocation seriously, especially when children are involved. The good news is that a job-related move is one of the more legitimate reasons courts consider. The harder news is that the process requires steps you cannot afford to skip.
At Roger G. Jain & Associates, P.C., our The Woodlands divorce attorneys understand how much is at stake when a job offer forces this question. Call us at 832-356-4252 or fill out our confidential contact form to schedule a consultation.
How Texas Custody Orders Handle Relocation
Most Texas custody orders include a geographic restriction that limits where the primary custodial parent can actually live with the child. Restrictions typically tie the child’s residence to a specific county or a group of neighboring counties, such as Montgomery County and its adjacent counties.
Under Texas Family Code Section 156.101, any modification to a custody order, including one that lifts or changes a geographic restriction, requires showing a material and substantial change in circumstances since the last order. A legitimate, concrete job offer can qualify as exactly that kind of change.
The key is knowing your role in the custody arrangement.
- If you are the parent with the exclusive right to designate the child’s primary residence (also known as the primary custodial parent) and your order has a geographic restriction, you must seek court approval before you move with your child.
- If you are the non-primary parent (also known as the non-custodial parent), you can generally move for work without court permission, but the custody schedule will not change automatically, and you may need to address how visitation works from a distance.
What Texas Courts Look at When a Job Is the Reason
Texas courts always look at what’s in the best interests of the child when deciding any relocation request. A job offer does not guarantee approval, but it is one of the factors judges actively weigh. Courts look at whether the move is in good faith, whether it genuinely improves financial stability for the family, and whether the relocating parent has a real plan to preserve the child’s relationship with the other parent.
Evidence matters enormously in these hearings. A written job offer letter showing salary, benefits, and start date will matter a lot to the courts.
Courts in Texas also consider the quality of schools in the new location, extended family support, and whether the relocating parent is willing to adjust visitation schedules to compensate for the added distance.
The 60-Day Notice Rule: Do Not Skip This Step
Texas law says that child custody orders are now required to state that if you want to move, you must send the other parent a written notice at least 60 days before your move date. That notice needs to include your new address, why you’re moving, and when you plan to move. It’s worth reading up on whether your order includes this language, and if so, exactly what the notice must include before you write it.
This step is required. You can’t skip it, and the deadline is firm. If you send notice just a week before you plan to leave, a court could treat that as breaking your custody order. Once the other parent receives your notice, they have a chance to object. If they do, you’ll have to go to court before you’re allowed to move. If they agree with the move, you can file a joint agreement together, which is a much faster process.
Do not move before you have one of these two things:
- Written approval from the other parent
- A court order allowing the move
Moving without permission is a serious mistake. You could be held in contempt of court, which carries real legal penalties. In some cases, a judge could even switch primary custody to the other parent because of the violation.
Child Support and Long-Distance Visitation After a Move
If a relocation is approved, it typically triggers a review of child support. The Texas Attorney General’s Child Support Division can review and modify an existing support order if income or circumstances have changed. Travel costs for the non-primary parent may also be factored into a new order.
Courts in Texas frequently extend the non-custodial parent’s time during summer breaks and school holidays to offset the reduced weekly access. This kind of long-distance parenting plan can work well when both parents are committed to making it work and when the logistics are thought through carefully before the case goes to a judge.
Talk to a The Woodlands Family Law Attorney If You Want to Relocate
The time to speak with a The Woodlands divorce attorney is before you say yes to the offer, not after you’ve already given notice at your current job. Courts need time to schedule hearings, and the 60-day notice period does not pause while you wait for an attorney.
Roger G. Jain & Associates, P.C. has served families across the Houston metro area and Montgomery County from its offices in The Woodlands and Houston. Our family law team helps clients understand exactly what their order allows, what the process looks like, and how to present the strongest possible case for relocation. As a The Woodlands family lawyer resource for our community, we focus on practical guidance, not just legal theory.
If you received a job offer and need to understand what your divorce decree allows, Roger G. Jain & Associates, P.C. is ready to help. Call 832-356-4252 or fill out our confidential contact form to schedule a consultation.
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.
