Moving Out of Texas During a Divorce

Divorce proceedings might prevent you from moving out of Texas, but if you don’t have children, you can move out after you have filed for divorce if you have already met the requirements for filing before the divorce. However, if you have children and just pretend to relocate out of state, you cannot simply just pick up and leave.


The military service, the presence of extended family, and/or a new job in another state might make moving a necessity, but Texas requires the parent to provide adequate reasons for relocating. In other words, you must prove to the court that moving is what is in the best interest of that child. You will have to show compelling reasons for the proposed move and this is done at a relocation hearing. You will need the court’s approval, even if you are the custodial parent.


It is fundamental that the parent who is willing to relocate from Texas talk with the other parent about their intentions. The parent might be legally unable to move if this permission is not granted. You might be subject to severe penalties if your temporary order or divorce agreement contains a restriction against moving out of the area/state.


Moving out Texas without permission might result in loss of custody of your children and you can also be found in contempt for violating a court order. This results in fines and potentially jail time. It is critical to consider the implications before making such a drastic decision to move yourself or a child out of state.


** If you seek legal counsel to defend you in any area of divorce then contact us today at (855) 337-6836 or by e-mailing us through our contact form here: Email Us