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Can you move with your kids after a divorce?

On Behalf of | Aug 29, 2022 | Child Custody |

After your divorce, you may consider moving out of state. As a parent, you cannot simply make the decision and your plans, and then hit the road. Rather, you must account for your child custody arrangement and how your plans to relocate might affect it.

If you want to move out of state with your child after a divorce, you must generally get permission from your child’s other parent or the court.

Agreeing with your co-parent

Depending on your situation and relationship, getting permission to move out of state may only involve having a conversation with your co-parent. If you both agree it will work for your family and benefit your child, then you will proceed by creating and submitting an adjusted custody agreement to the court.

Asking the court for permission

If you cannot work out an agreement with your child’s other parent, you will likely go through the court to gain permission to relocate. According to Texas state law, the court will consider the best interests of the child in deciding whether to approve your custody modification request. For example, this includes reviewing things such as the following:

  • Your child’s age
  • Your child’s developmental and health-related needs
  • Your child’s safety
  • The impact of the move on your child’s routine
  • How the move will affect the parent-child relationship with the non-relocating parent

Ensuring you obtain the appropriate permission before moving out of state with your child will help you avoid causing issues that may adversely affect your custody arrangement going forward. To help look out for your rights and interests, you may benefit from consulting with a legal representative.


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