Q: Can my ex legally move our children out of state (Texas) after divorce?
A: Not without court approval or agreement from both parents. Most Texas custody orders include a geographic restriction, meaning your children must live within a specific county or area—often where the custodial parent lived at the time of the divorce.
If your ex wants to move outside that area, they must either:
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Get your written consent, or
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File a petition to modify custody and prove to the court that the move is in the child’s best interest
The court considers factors such as job opportunities, education, family support systems, and how the move affects your relationship with the children.
What Texas Courts Consider Before Approving a Move
When deciding whether to allow relocation, judges look at:
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The reason for the move (such as a job transfer or new support network)
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The impact on visitation and the child’s relationship with both parents
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The child’s age, needs, and stability
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Whether the parent seeking to move has acted in good faith
If the move would harm your time or relationship with your children, the court may deny the request or adjust custody in your favor.
What to Do if Your Ex Moves Without Permission
If your ex relocates without court approval:
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Contact your family law attorney immediately
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File a motion for enforcement or contempt
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Request that the court order the child’s return to Texas
Unauthorized relocation can result in legal penalties and custody modification.
Protecting Your Parental Rights
At The Ashmore Law Firm, our Dallas family law attorneys help parents:
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Enforce geographic restrictions
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File or defend relocation petitions
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Modify existing orders to reflect new circumstances
We ensure your parental rights and your child’s stability remain protected under Texas law.
Learn More About:
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Custody modifications and relocation laws
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Enforcing court orders in Texas
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Protecting your parenting time rights
Authority: Gary Ashmore Super Lawyer in Family Law Dallas, Texas
