Life after divorce often brings changes—new jobs, new relationships, or a desire to be closer to extended family. But when children are involved, relocating isn’t as simple as packing up and moving. In Texas, divorced parents must follow specific rules if they want to move with their children.
At Haugen Law Firm, P.C. we help parents across Denton County, Collin County, Cooke County, Dallas County, ad Tarrant County understand their rights and responsibilities when it comes to relocation. Whether you’re seeking to move or opposing a move, here’s what you need to know.
Geographic Restrictions in Texas Custody Orders
In many Texas divorce and custody cases, the final order includes a geographic restriction—typically limiting the child’s primary residence to a certain area, such as:
- A specific county (e.g., Denton County)
- A group of counties
- The state of Texas
These restrictions are designed to ensure both parents maintain a meaningful relationship with the child.
Common Example: A custody order may state the child must reside in Denton County or a contiguous county, unless the other parent agrees or the court approves a move.
What If a Parent Wants to Move?
If the custodial parent (usually the parent with the exclusive right to determine the child’s primary residence) wants to move outside the restricted area, they must file a petition with the court to request a modification of the geographic restriction.
The court will then decide whether the move is in the best interest of the child.
How Courts Decide on Relocation Requests
Texas courts are cautious when it comes to relocation, especially if the move would interfere with the noncustodial parent’s ability to maintain regular contact. When evaluating a relocation request, the court considers:
- The reason for the move (e.g., job opportunity, family support)
- The impact on the child’s education and stability
- The distance of the move
- The potential benefits to the child
- The ability to maintain a meaningful relationship with the noncustodial parent
- The child’s preferences (if 12 or older)
Ultimately, the judge will base the decision on the child’s best interests, not the convenience or preferences of either parent.
Can Parents Agree on a Move?
Yes! If both parents agree to the relocation, they can sign a modified order and submit it to the court for approval. This is often the smoothest and fastest way to handle relocation—but it must be made official.
Important: Even if both parents agree informally, the existing court order remains in effect unless it is legally modified.
What Happens If a Parent Moves Without Permission?
Relocating a child without following the proper legal steps can result in:
- Contempt of court
- Modification of custody in favor of the other parent
- Fines or legal penalties
- Damage to the relocating parent’s credibility in future court proceedings
If you’re the noncustodial parent and the other parent is threatening or planning to move without approval, you should act quickly to protect your rights.
Haugen Law Firm, P.C. Can Help You Navigate Relocation Issues
Whether you’re hoping to move or seeking to prevent a move, these cases can be emotional and complex. At Haugen Law Firm, P.C. we advocate for your parental rights while keeping your child’s best interests at the forefront. We’re proud to serve families and individuals across Denton, Collin, Cooke, Dallas, and Tarrant Counties with trusted legal guidance in family law, criminal defense, and estate planning. If you have questions about your legal rights or need personalized support, our dedicated team is here to help. Contact us today!