Can My Ex Move Out of Texas with Our Child?

 Posted on October 07, 2024 in Child Custody

When parents get a divorce, one of the most difficult issues to address is custody. Who will be responsible for the child from a practical and legal perspective? Who will be able to make important decisions that affect the child? In Texas, even if a child has one custodial parent that she lives with, the other non-custodial parent is still generally entitled to some decision-making responsibilities. Whatever the arrangement may be, it is always made with the child's best interests in mind and to promote a healthy relationship with both parents. But what happens when the custodial parent wants to move out of state with the child? While this article covers that topic, you should speak with a skilled Austin, TX family law attorney if this is happening to you.

How Do Texas Courts Determine Child Custody?

As with all matters that can affect a child, custody is decided based on what the court considers in the child's best interest, with a preference for promoting solid relationships with both parents. In addition to examining the child's needs and the parent's ability to meet them, the court considers:

• The quality of the child's relationship with each parent
• Each parent's mental and physical fitness and ability to provide the child with a safe and healthy environment.
• The parents' history, including any history of substance abuse or physical abuse
• The child's preferences

The court can decide to order a joint managing conservatorship, in which both parents share the ability to make important decisions, or a sole managing conservatorship, in which rights and responsibilities are allocated to one parent alone.

Is My Ex Legally Able to Move Away with Our Child?

Even if your ex is the custodial parent, he or she is not typically entitled to move away with your child without your consent or court approval. The main reason why is that if he or she move away, it can infringe on your visitation rights and undermine your relationship with your child. However, there are cases in which approval can be given for this. If the court decides that moving away will ultimately be better for your child, it might allow your ex to go ahead with the move. The motivation for relocating is also an important factor.

For example, pursuing a career opportunity, getting an advanced degree, or being near family are considered more reasonable motivators for moving than simply wanting a change of pace. So, although it can be difficult for a custodial parent to be authorized to move out of state with a child, there are situations where it is certainly possible. That is why it is so important to seek reliable legal advice as soon as you find out this is what your ex is planning to do with your child. A lawyer can guide you as you express your objection, generally through a petition to the court to prevent or restrict the relocation.

Consult with a Travis County, TX Child Custody Attorney

If your ex wants to move out of state with your child, an Austin, TX custody lawyer can review your situation and advise you on the best strategy to try to stop this. At Powers Kerr & Rashidi, PLLC, we are passionate about fighting for your rights and advocating on behalf of children. We can build a strong case to plead to the court not to let you and your child be torn apart. Call us at 512-610-6199 to schedule a private consultation.