We Have Helped Hundreds of Clients

How might moving out hurt your chances of getting child custody?

On Behalf of | May 23, 2024 | Child Custody |

Moving out of the family home can affect a parent’s chances of gaining custody of their children in Texas.

In general, parents should avoid moving out just because their spouse asks them to, especially if they have minor children. This decision can have lasting consequences on custody arrangements.

Importance of stability

In custody cases, Texas courts prioritize the best interests of the child. One major factor is stability. Suppose one parent moves out and leaves the children primarily residing with the other parent. The court may view this as an indication that the parent who stayed is better suited to provide a stable environment. This can negatively affect the chances of the parent who moved out to later fight for primary custody.

Equal right to the residence

Both parents have an equal right to occupy the family residence. Deciding to move out voluntarily can be seen as relinquishing this right.

Impact on temporary custody arrangements

When a parent moves out, temporary custody arrangements are often established based on the new living situation. If the children are primarily with the parent who stayed in the home, this arrangement can influence the court’s decisions on permanent custody. The court may be reluctant to disrupt the children’s current living situation, which could favor the parent who remained in the residence.

Before deciding to move out, parents should carefully weigh their options. Consider the potential impact on child custody and the equal right to occupy the residence. Parents should think about how the court might perceive the move and how it could affect the children’s sense of stability and continuity.


FindLaw Network

Client Distinction Award | Mark Christopher Roles, Esquire | 2015

10 Best Law Firm | 2015 | Client Satisfaction | American Institute of Family Law Attorneys

Client Champion | Gold | Mark Christopher Roles, Esquire | 2017