Fabio & Merrill

Moving out of state with children after a divorce

At Fabio & Merrill in Texas, we know that starting a new life with your children after your divorce can be exciting, but also challenging. This can be especially true if the company for which you work decides to relocate you to another state. Then things can become very complicated and highly emotional.

As the Texas Family Code sets forth in Section 153.001, Texas public policy is to accomplish the following three things regarding the children of divorced parents:

  1. Assure that both you and your former spouse have continuing and frequent contact with them
  2. Encourage you and your former spouse to share parenting time and duties after your divorce
  3. Provide your children with a stable and safe environment in which to grow up

As in all things regarding a Texas child, his or her best interests are always the foremost consideration.

Geographic restrictions

Even if your divorce decree and/or parenting plan gives you the exclusive right to determine where your children’s primary residence will be, it is not as simple as that. If, like many Texas divorce decrees and/or parenting plans, yours includes a geographical restriction on how far away from your current residence you can move with your children, you will need to get permission from a judge before moving out of the designated geographical area.

It is very helpful if your former spouse consents to your relocation. If he or she objects to it, you will need to give the judge compelling reasons why your proposed relocation is in the best interests of your children as well as you. Your former spouse, however, will need to give compelling reasons why it is not. The judge will consider all relevant factors before deciding whether or not he or she will grant you permission to relocate.

For more information on this subject, please visit this page on our website.

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