Can I Relocate with My Kids After My Divorce in Texas?

 Posted on April 04, 2024 in Divorce

After your Texas divorce settles, you may be considering a move out of state to start over fresh or to get a new beginning for yourself and your children. However, depending on your child custody agreement and the details of your divorce, you may be unable to move your kids out of Texas after your divorce. In many cases, you must petition the court to allow you to relocate. An experienced Texas child custody lawyer can help you further understand your options.

How Can My Custody Order Affect Relocation?

Your child custody order is one of the first things you will need to consult if you are considering relocation out of Texas. How you go about your relocation depends on the type of child custody you are dealing with. In Texas, this is either a sole managing conservatorship, where one parent is qualified to care for the child, or a joint managing conservatorship, where both parents split the duties of caring for a child.

In general, a sole conservatorship means that a parent does not need to obtain any kind of permission, change to a child custody agreement, or court order before he or she can move out of state with their child. This is because the sole conservatorship has been determined to benefit the best interests of the child or because the other parent is not present in the child’s life or otherwise unfit to be a parent, such as in cases of abuse.

On the other hand, a joint managing conservatorship will typically require permission or a court order that allows one parent to move out of state with the shared children. The parent wishing to move will need to show that the relocation is in the best interests of the child, such as moving to be closer to family that helps care for the child, and not simply something that is being done to interfere with the custody rights of the other parent.

Do I Need to Go to Court Before Moving Out of State?

Suppose your child custody agreement includes a joint managing conservatorship, meaning you split custody or other parental duties with your former spouse. In that case, you will likely need to go to court before moving your children out of state. This process can be difficult and complex to navigate, so you need an experienced Texas child custody lawyer.

Contact a Travis County, TX Child Custody Lawyer

Moving with your children after a Texas divorce is often a stressful process, and you may find it challenging to navigate your relocation in court. A skilled Austin, TX child custody attorney can help aggressively advocate for your rights and help you show courts that an out-of-state move with your kids is the best option. Our attorneys at Powers Kerr & Rashidi, PLLC have over 40 years of combined experience, and we always take a strategic and sensitive approach to child custody issues. Call 512-610-6199 for a consultation.