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Can you stop your ex from moving out of Texas with the kids?


Can you stop your ex from moving out of Texas with the kids?

On Behalf of | Aug 20, 2021 | family law |

Children limit your options both during and after a divorce. When a couple with children divorces in Texas, there is a presumption under the law that shared custody is in the best interests of the children. 

Either parent has the option to contest or rebut that presumption by presenting evidence to the contrary. They usually need evidence of misconduct, addiction, abuse or other substantial issues to convince that courts that giving only one parent custody. Even then, a parent with serious personal issues will still have the opportunity to have visitation or ask for a modification in the future to gain shared custody. 

Most couples will find themselves sharing parental responsibility after a Texas divorce. Few things interfere with shared custody more quickly than significant distance. Can your ex decide to pack up and move across the state or even across the country when you share custody?

Texas limits relocations after divorce when custody is involved

Couples who litigate their divorce will often have certain standardized terms in their custody paperwork. You may find that the language of your parenting plan limits parental relocations to within the same county or and the adjacent counties to the one where you filed for divorce proceedings. 

If either parent wants to move to a more distant location, they will need to notify the court and their ex about their intentions. If their ex does not agree with their decision to move, they may need to have a hearing to determine if the move is appropriate. A judge will have to look over the situation and make a ruling based on what would be best for the kids. 

Learning about relocation restrictions can help you stand up for yourself during a custody dispute.