Moving With Children After a Texas Divorce

Do I need permission to move to another city with my child?

It depends on your order. If it limits the child's primary residence to a geographic area, you need the other parent's agreement in a modified order, or a court order, to move the child outside that area. If the order states there is no restriction, the parent with the right to designate the child's residence can move without permission (§ 153.134).

Either way, you must give notice. Texas custody orders require each parent to tell the other parent and the court of an intended change of address at least 60 days in advance, or within five days of learning of the change if earlier notice was not possible (§ 105.006).

If the other parent agrees to the move, put the agreement into a modified order signed by the court, along with a new schedule that fits the distance. A text message or email saying "that's fine" does not change the restriction in your order, and an agreement can be withdrawn later.

How do courts decide whether a parent can relocate with a child?

Courts decide relocation by the child's best interest, and Texas has no formula that automatically allows or forbids a move. The parent asking to move has to show why the move serves the child, not only the parent.

• The reasons for the move, such as a job offer, family support or a lower cost of living, and whether they are made in good faith.
• How the move would affect the child's schooling, health care, activities and friendships.
• The child's relationship with the parent who would stay, and whether a long-distance schedule with longer summers and holidays can keep that bond strong.
• Each parent's history of following the order and supporting the other parent's time.
• For a child 12 or older, the child's wishes, heard by the judge in chambers on request (§ 153.009).

A parent who opposes a move strengthens the case by staying involved: attending school events, using every period of possession and keeping communication civil.

Can I move to Plano with my children after divorce?

Usually yes, if your order uses a common county-based restriction. Plano lies in Collin and Denton counties, and both border Dallas County, so a restriction to "Dallas County and contiguous counties" allows a move there.

A narrower restriction, such as a specific school district, may not. Read the exact words of your order, then give the required notice. A move within the area can still change the drive for exchanges and school, which is worth discussing with the other parent before you sign a lease.

Can a judge require the kids to stay in the same school district?

Yes. When a court sets a geographic area for the child's primary residence, it can define that area as a school district if that serves the child. Texas law also requires joint custody orders to include provisions that minimize disruption of the child's education, routine and friendships (§ 153.134).

Parents who care about a particular district often agree to this restriction in mediation. Changing it later requires a modified order.

What if my ex wants to move the children out of Dallas?

If your order has a geographic restriction, your ex cannot move the children outside it without your agreement or a court order. If your ex moves anyway, you can file a motion to enforce the order.

If there is no restriction, you can file a modification asking the court to add one or to change which parent has the right to designate the child's residence. While that case is pending, the court can create or change a geographic restriction only in limited situations, such as when the child's present circumstances would significantly impair the child's physical health or emotional development (§ 156.006). Acting quickly after receiving notice matters. See custody modification and enforcement.

Can my ex stop me from moving out of state?

Your ex can stop you from moving the child out of state if your order restricts the child's residence, unless a court modifies it. Your ex cannot stop you from moving yourself.

When a parent asks the court to lift a restriction for a new job in another state, judges look at the reasons for the move, how it would affect the child's education, health and relationships, and whether a long-distance schedule can preserve the child's bond with the other parent. The Texas Supreme Court discussed these considerations in Lenz v. Lenz (2002).

Once the parents live more than 100 miles apart, the long-distance standard schedule applies unless the order says otherwise: one weekend a month option, spring break every year and 42 days in summer (§ 153.313). Moves across state lines can also raise jurisdiction questions under the UCCJEA, a particular focus of John's practice; see interstate and foreign orders.

Can a parent take children on an international vacation without permission?

It depends on the order. The standard possession order does not by itself ban travel abroad during a parent's possession time, but many orders require written consent, an itinerary or the return of passports, and those terms control.

Passports are often the practical limit. Under federal rules, a passport for a child under 16 generally requires both parents' consent or a court order giving one parent that authority. If there is credible evidence of a risk of international abduction, a Texas court can order passport and travel controls, supervised visits or a bond (§§ 153.501 to 153.503).

If you plan a trip abroad or fear the other parent will not return the child, talk to a lawyer before the trip, not after. You can reach John B. Polk through the contact page.