Can I Relocate With My Child After A Divorce? 

 Posted on April 20, 2025 in Child Custody

Divorce means change. When you divorce your spouse and minor children are involved, you may reside near your ex to ensure visitation requirements outlined in the divorce decree. However, if you have received a promotion in another state, or want to move closer to your parents. Naturally, you want to take your kids with you. Whatever your reason for wanting to relocate with your child, the court’s permission may be required. 

The Texas divorce attorneys at The Cusic Law Firm, P.C. have assisted many parents who want to relocate with their child after divorce. Contact us now at 713-650-1866 for a complimentary legal consultation. 

Texas Law and Relocating with Children After Divorce

Depending on how the divorce decree is worded, you could need the court’s authorization to relocate with your child. If a residency restriction is mentioned in the divorce settlement, your child’s primary residence must stay in the area. 

The ability to relocate post-divorce also hinges on where you want to go and how far it is from where you live now. If the court granted you full rights to determine where your child lives, moving may be possible, but there might be limits on how far you can move from your current residence. 

What about moving only a few miles, such as from one part of Houston to another? You might not need court authorization, but you must provide the court with your new home address. Also, if you want to move to the same county where you divorced, you likely do not need court permission. However, you need court permission if you plan to leave the state or move to another city in Texas. 

Relocation Permission is not Automatic 

The court will consider several factors when deciding whether to authorize a relocation. If your ex-spouse has visitation or joint custody rights, moving your child could mean your ex loses parenting time because of the long distance. The court will carefully consider whether it is in your child’s best interest to be relocated away from his or her other parent. Of the various factors the court reviews, these are the most critical: 

• Why are you moving? The court will want to know why you want to relocate. If you want to move because you will receive a $50,000 raise, that is a point in your favor. However, the court is less likely to approve the relocation if you lack a concrete reason to move the child to another state. 

• How will the child be affected? The court will consider whether moving the child far from the other parent and community will lead to emotional consequences, and whether the parent/child relationship will be compromised. If you want to move the child to another city near family the child knows, the court may be more likely to grant the request. 

Call Our Houston, TX Child Custody Lawyers Now 

You want to relocate with your child to another state after your divorce, but are you allowed to do so? In some cases, the answer may be yes, but you should retain seasoned Harris County, TX divorce attorneys to increase the odds of a successful outcome. Call The Cusic Law Firm, P.C. today at 713-650-1866 for a free consultation about your relocation case.