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Can your ex move out of Texas with the kids after the divorce?

On Behalf of | Oct 14, 2021 | Child Custody |

You probably don’t care if your ex leaves the state after your divorce, but you would likely miss your kids if they left as well. It’s normal for someone recovering from divorce to want a fresh start in life, and your ex may have family Connections in Oklahoma or a job opportunity in New Mexico. 

Can they just pack up and leave with the children, effectively cutting you out of the kids’ lives if you share custody?

Your custody order likely limits relocations

The current approach to custody after a divorce in Texas is to presume that it is best for the children in the family if the parents share parenting time. One parent moving out of the state or prohibitively far within the state could negatively impact the children’s relationship with the other parent. 

Your parenting plan may already restrict moves to within a certain number of miles of your children’s current home. Generally, your ex will need to notify you and get your permission if they want to move farther away than that. 

What if you don’t approve? 

If your ex reaches out to you about wanting to relocate and you disagree because you don’t want to lose touch with your children, you may then have to go to court for a custody modification hearing. The family courts will hear evidence from each parent and then decide whether the move is in the children’s best interests. They may change the parenting plan, possibly allowing the move or even granting you more parenting time. 

Learning the rules that influence custody decisions in Texas will make it easier for you to protect your relationship with your kids.