Can I Move Out of Texas With My Child After Divorce?

 Posted on June 26, 2026 in Child Custody

Parents who are divorced or who have never been married may no longer have to live together, but they will have to deal with a complex set of laws detailing their shared responsibilities toward their minor children. When both parents share custody (known as "conservatorship" in Texas) and one parent wants to move and take their child with them, the parent who wants to move cannot simply make this decision on their own.

If you would like to relocate with your child, or if your co-parent wants to move and you object to the move, read on and then contact Frisco, TX family law attorney who can help you with your case.

Showing the Move is In the Best Interests of the Child

The primary concern of Texas family law courts is ensuring the best interests of the child are understood and protected. Generally speaking, a child is understood to benefit most when both parents are involved in her life; to this end, when parents share conservatorship, one parent cannot move with the child without getting the consent of the other parent or the court.

Some parents put geographic limits in their parenting agreement that state how far they can move from each other while the child is under 18. A parent moving out of Texas - or even within Texas, but a long distance from the other parent - makes it difficult for the other parent to exercise their visitation rights and have a full relationship with the child.

This is why the parent who wishes to move needs to convince a court that there is a good enough reason to justify a major change in the child’s environment and to cause reduced access between the child and her other parent.

Can I Move First and Ask for Forgiveness Later? 

Moving without getting permission from the court or your child’s other parent can result in serious charges, including criminal penalties. You may be held in contempt of court and face charges of parental abduction, which can potentially land you in jail. Instead, play it safe and get help from an attorney who can assist you in building a convincing argument that relocation is in your child’s best interests.

How Do I Get Permission to Move with My Child in Texas?

In Texas, getting permission to relocate with your child depends on what your current custody order says and whether the other parent agrees.

If the other parent does agree to the move, that agreement should be put in writing and approved by the court so it becomes part of the official order. A verbal agreement is not enough.

If the other parent objects, you will need to get permission from a judge. That process typically involves:

• Filing a petition to modify the existing custody or conservatorship order
• Serving notice on the other parent so they have a chance to respond
• Attending a hearing where both sides present their arguments
• Waiting for the judge to decide based on what is best for your child

This process takes time, so if you plan on moving for a job change or other urgent matter, you should talk to a lawyer right away.

How Can I Prove to the Court That Moving Is in My Child's Best Interests?

Texas courts use many factors when deciding whether a proposed move serves the child's best interests under Texas Family Code. The parent who wants to move has the burden of making a convincing argument.

There is no bulletproof reason that automatically wins a relocation case, but courts do look for reasons tied to something concrete and meaningful. Common reasons that lead to approvals include:

• A new job or career opportunity that significantly improves the family's financial stability
• Remarriage and the need to join a new spouse in another location
• Moving closer to extended family who can provide meaningful support
• Getting away from domestic violence or safety concerns

Vague hopes that life will simply be "better" somewhere else won’t be enough. The more specific and verifiable your reasons, the stronger your case.

How Does the Court Weigh the Impact of Moving with Your Child on the Other Parent?

Even when a parent has a good reason to move, the court wants to know how the relocation would affect the other parent's ability to remain involved in the child's life. A judge may ask whether there is a realistic plan for maintaining the other parent's visitation schedule.

For example, could the child travel during school breaks? Can the costs of the child’s travel be shared? A parent who comes to court with thoughtful, realistic ideas for keeping their child connected to their other parent is more likely to have their case approved.

Meet With a Collin County Child Relocation Attorney 

Moving with your child can present legal obstacles, but an experienced Frisco child relocation lawyer can help you secure a favorable outcome in your case. Call The Law Office of Linda Risinger to schedule a complimentary case review today. We offer consultations over the phone or in person. Call us at 972-294-6533.