Relocation after divorce is rarely just a change of address. For parents in Texas, it can reshape parenting time, school routines, medical providers, extracurriculars, and the relationship between a child and both households. Courts know that a move can give a family a fresh start or upset a hard-won custody arrangement. Either way, the law focuses on one thing: the child’s best interest. As a family law attorney who has litigated and negotiated relocation cases across Texas, I can tell you that outcomes hinge on details, timing, and preparation.
This guide walks through what Texas courts look for, what your order likely says, how to plan a relocation request, and where cases break down. It also explains how strategy shifts when you have a high-conflict co-parent, a high net worth divorce, or a prior history of family violence. The aim is practical: what actually works and where parents stumble.
Start by reading your current order
Nearly every final decree of divorce or custody order in Texas addresses geographic restrictions. They often limit the child’s residence to a specific county or a cluster of counties, sometimes tied to where the parents live at the time of divorce. Travis County orders commonly restrict a child’s residence to Travis County and contiguous counties. Dallas cases often list Dallas and neighboring counties. In some agreements, the restriction lifts if the non-primary parent moves away first, or if both parents agree in writing.
Many clients skim past these paragraphs at the time of divorce, then call months later when a job offer lands in another city. Before you do anything public, sit with your divorce attorney or child custody lawyer and parse the exact language. I often print the restriction and mark up the conditions that permit a move. A single sentence, like “so long as the non-primary parent resides in Harris County,” can change the entire approach.
If your order includes a standing geographic restriction and the other parent will not consent, you must seek a modification before moving or before enrolling a child in a new school. Moving outside the restricted area without either a written agreement or a court order risks enforcement, contempt, and a forced return.
The legal standard: best interest, not convenience
Texas courts apply the best interest of the child standard. Parents often tell me why a move benefits them, which may be valid, but judges weigh how it serves the child’s stability and relationships. The relocation analysis looks at practicalities and intent, not just mileage. While the Family Code does not list a formal relocation test, many judges consider a mix of factors:
- The child’s age, temperament, and specific needs, including education, medical care, and emotional support. The quality of the child’s relationship with each parent and with extended family in the current location and proposed new location. The reasons for the move, such as a better job, remarriage, a supportive family network, or safety concerns. The feasibility of preserving the relationship with the non-moving parent through a modified schedule, travel, and technology. The history of co-parenting, including whether the primary parent has facilitated or obstructed access to the other parent. Prior incidents of family violence, substance abuse, or neglect. The degree of disruption versus the benefits of the move: new school opportunities, cost of living, extracurriculars, and special services.
Courts have broad discretion. Two similar cases can come out differently based on credibility, the child’s history, and the details of the new plan. In a contested divorce, where trust is already low, relocation proposals get scrutinized line by line.
Timing matters more than most people realize
Judges appreciate parents who plan ahead. Filing in April for an August school start gives time for a social study, mediation, and a hearing. Filing in late July with a new school across the state and no agreement in place is a recipe for a temporary order that maintains the status quo.
Temporary orders are often the heart of relocation litigation. If you are the primary parent seeking to move, and school starts before trial, you may need the court’s permission to enroll the child in the new district. If you are the non-primary parent, you may seek an order that keeps the child in the restricted area until a full hearing. In my experience, temporary orders set the tone; judges dislike mid-semester school switches unless there is a compelling reason.
Crafting a relocation proposal that a court can accept
A strong relocation case is rarely about lofty promises. It is about a concrete, verifiable plan with numbers, addresses, and schedules. I ask clients to assemble a relocation packet before we file or mediate. The packet usually includes:
- A signed offer letter or employment contract with salary details, office location, remote work terms, and start date. Proposed housing details: lease or purchase documents, address, photographs, commute times, and neighborhood information. School information: rankings, special programs, class sizes, UIL or private sports, arts programs, IEP or 504 resources, counselor contacts. Childcare and backup care plans: after-school programs, nanny references, extended family availability. Healthcare: pediatrician and specialist options, insurance network confirmation, appointment availability. Transportation: drive times or flight plans, estimated costs, weekend and holiday exchange logistics.
Judges want to see that the move will not hollow out the other parent’s relationship. If you can secure nonstop flights between Houston and Denver twice a month, show your cost estimates and your commitment to cover, say, 70 percent of airfare. If you plan to drive between Austin and San Antonio for alternating weekends, include maps and realistic pick-up times that respect bedtime routines.
When is a move more likely to be approved?
Pattern recognition helps. While no factor guarantees approval, certain scenarios tend to fare better:
- Remarriage to a spouse with anchoring employment and a stable home community, when the new household’s schedule can still support meaningful visitation. A promotion that materially improves housing, healthcare, and schooling, paired with a thoughtful access plan. Relocating closer to extended family who provide consistent child care and whom the child knows well. Moves within a few hours’ drive that allow alternate weekend access with minimal school disruption.
Conversely, courts look skeptically at vague plans, sudden moves tied to conflict with the co-parent, or relocations that would convert a weekly relationship into a handful of holidays without compensating benefits.
The role of history: co-parenting conduct and credibility
Relocation cases often turn on credibility. Judges notice who has complied with exchanges, who shows up for school events, and who communicates responsibly. If you have a record of facilitating access for the other parent, your relocation request starts on stronger footing. If you have withheld information, interfered with calls, or made unilateral decisions, expect a heavy lift.
I once represented a father in Bexar County who opposed a move to Arizona. The mother had a legitimate job offer, but her history included several denied weekends and a few missed midweek calls. We focused on repairing communication and offered a summer-heavy schedule with weekly video calls. The court still kept the restriction in place, partly because the mother’s plan for transitions was thin. The takeaway: past behavior can tip the balance even when the moving parent’s reason is good.
Children’s voices and the reality of preference
Children do not decide where to live, but their experiences matter. In Texas, a child age 12 or older can talk with the judge in chambers upon request. The judge may also consider input from a custody evaluator or amicus attorney. Be careful about over-preparing a child; judges spot coached statements. If a fourteen-year-old can calmly explain his after-school routine, close relationship with a coach, and anxiety about switching schools in junior year, that testimony can carry real weight. If a younger child simply repeats an adult’s talking points, it can backfire.
Technology bridges gaps, but it is not a cure-all
Virtual visitation helps, yet it does not replace regular in-person time. Courts will often order scheduled video calls, photo and school portal sharing, and open access to extracurricular calendars. If your relocation proposal leans heavily on FaceTime instead of real visits, strengthen the travel component. Think less about gadget counts and more about predictable rhythms that keep the other parent in the child’s week-to-week life.
Special considerations in high net worth divorce cases
In a high net worth divorce, relocation disputes can become data-heavy. Executive compensation, stock vesting schedules, and multi-home living arrangements complicate logistics. Judges sometimes see high travel budgets and assume access will be easy to maintain, yet the real constraint is often time, not money. Show your calendar and your co-parent’s calendar. If one parent’s work trips are non-negotiable during certain months, engineer a schedule that offsets those blocks with longer stretches when both can be present.
I also see valuation and tax events drive relocation timing. A primary parent may want to move near a newly acquired business or to a state with no income tax. While tax considerations may matter for the parent, they carry less weight for the child unless the move tangibly improves the child’s daily life. In these cases, an experienced divorce attorney coordinates with financial advisors, an estate planning lawyer, and sometimes a probate attorney when inherited assets or trust distributions intersect with schooling and housing decisions.
Family violence, substance abuse, and safety-driven moves
When a parent seeks relocation for safety, the analysis shifts. Evidence of family violence, stalking, or coercive control can support a move or expanded protective provisions. Document everything: police reports, medical records, past protective orders, text messages, and witness statements. Safety plans may include school confidentiality procedures, supervised exchanges, or restrictions on address disclosure.
If substance abuse is at issue, courts may condition expanded distance parenting time on clean tests, treatment participation, or sober support. A child custody attorney can help tailor protective terms without unnecessarily severing the child’s bond with the other parent.
The mediation window
Even high-conflict parents can sometimes design a relocation-friendly schedule in mediation. Experienced mediators understand airline routes, school calendars, and holiday pain points. Compromises might include longer summer periods with the non-primary parent, extended spring break, alternating Thanksgiving, and a fixed video call routine. I encourage clients to bring calendars for two full years and to pre-clear potential flight times that do not require the child to wake at 3 a.m.
In uncontested divorce situations or when both parents remain collaborative post-decree, a mediated modification can avoid the uncertainty of a contested hearing. Still, memorialize every detail. Vague language invites new disputes.
Enforcement risk: do not move first and ask later
Texas courts have little patience for self-help. If your order restricts the child’s residence and you move without consent or a modification, the other parent can file for enforcement. Judges can order the child returned, impose attorney’s fees, and, in serious cases, change primary custody. If the other parent credibly claims that you hid the child’s location, expect a rough hearing. Talk to a family law attorney before you pack a box.
Alternative schedules that courts often approve
When distance makes alternating weekends impossible, courts look for schedules that preserve large blocks of time. Many judges favor a longer summer, most of spring break, every other Thanksgiving, and a rotating winter holiday. With younger children, shorter but more frequent contact might work; with teenagers in band or athletics, longer summer stretches and fewer mid-semester disruptions can be better. If air travel is required, build a plan that accounts for weather delays and avoids school-against-school custody exchanges.
Documentation wins cases
Relocation cases turn on evidence. Do not rely on promises or memory. Keep a parenting journal with dates and bulletproof facts: arrival and departure times, school meetings attended, medical appointments, extracurricular participation, and communication logs. Save school emails, coach messages, and report cards. If you are proposing a new school, print curriculum sheets and rankings from credible sources. If healthcare is a key factor, call providers and confirm waitlists, then memorialize those calls via email to the office.
If the other parent routinely misses exchanges or declines parenting time, track the dates and your attempts to reschedule. Courts are more receptive to relocation when the non-moving parent’s involvement has been inconsistent over a long period, particularly when the moving parent has tried to encourage participation.
Practical travel strategies that reduce friction
The handoff details matter. I prefer exchanges at an agreed-upon facility or curbside at the departing gate for younger children when using air travel assistance programs. If both parents meet at the airport, use the same terminal and allow a buffer for security delays. For drives of three hours or less, a predictable midpoint exchange can reduce late arrivals and arguments.
Cover costs candidly. If you are the one seeking the move, expect to shoulder a significant portion of travel expenses. Spell out whether you will buy tickets, reimburse within a fixed number of days, or use a joint travel app. Judges appreciate specificity: flight class, luggage rules, how you handle schedule changes, and how far in advance tickets must be purchased.
When modification is unavoidable: the court process
If consent is not possible, your family lawyer will file a petition to modify the parent-child relationship. Expect the following arc:
- Temporary orders hearing. The court sets interim rules for residence, school enrollment, exchanges, and communication. This can happen quickly. Discovery and evaluations. Financial disclosures, text messages, school records, depositions, and possibly a custody evaluation or social study. Mediation. Many Texas courts require mediation before a final hearing. Final trial. Evidence is presented and the judge rules. In rare cases, a jury may decide the right to establish the child’s primary residence, but the judge still controls possession schedules and many other terms. Jury trials are costly and time-consuming.
The process can span several months to more than a year, depending on the county’s docket and the case’s complexity. A seasoned child custody attorney will calibrate strategy to your judge’s tendencies, which vary meaningfully between urban and rural counties.
Avoiding unforced errors
Parents often sabotage strong cases by taking avoidable risks. A Hannah Law, PC - The Woodlands probate lawyer few patterns come up again and again:
- Announcing the move on social media before you talk to the other parent or file a motion. Withholding school or medical information to gain leverage. Making travel promises you cannot afford or cannot keep. Changing the child’s school mid-semester absent an emergency. Coaching a child to express preference.
A family attorney can help you avoid these traps, script difficult conversations, and keep a paper trail that supports your credibility.
How child support intersects with relocation
Relocation does not automatically change child support, but travel costs and altered possession schedules sometimes justify a modification. Texas guideline support is income-based, yet courts can deviate when travel costs are significant and necessary to preserve the parent-child relationship. If you are the parent paying support and also funding airfare, be prepared to show budgets and receipts. If you are the parent receiving support, show why travel funds should be addressed separately from support that covers day-to-day needs in the primary household.
A child support lawyer can evaluate whether the changed circumstances meet the statutory threshold for modification. Clear, consistent accounting helps both in negotiations and in court.
What if the other parent is moving?
If you are the non-moving parent and the other parent files to modify the geographic restriction, resist the urge to argue from emotion. Show your involvement: teacher emails, coaching commitments, therapy sessions attended, and your weekly routines with the child. Offer a realistic counter-schedule. If you can work remotely on Fridays to enable alternating long weekends when distance allows, say so. If you can switch to a block schedule in the summer, commit to specific dates.
You can also propose a conditional approval. For example, you might agree to the move if the other parent secures housing within a specified school zone, covers 75 percent of travel costs, and commits to a Sunday evening video call routine. Judges prefer measured, child-focused alternatives over blanket refusals.
The quiet power of routine
Courts value stability. If your current order is working, your child is thriving in school, and both parents are reliably involved, a judge will ask why a move is necessary now. A marginal salary increase or a general desire for a change of scenery rarely suffices. By contrast, if your child has struggled for two years with overcrowded classes and you can document smaller class sizes, targeted reading support, and a specialized program in the new district, the argument becomes concrete.
Relocation is easier to secure when the proposed routine aligns with the child’s developmental stage. For a seven-year-old, shorter separations from each parent and predictable bedtime routines carry weight. For a sixteen-year-old athlete, minimizing disruptions during the competitive season may matter more than weekly overnights.
How an experienced lawyer adds value
An effective divorce lawyer or family law attorney brings both legal analysis and practical logistics. We test-drive schedules against school calendars, cross-check airline timetables, and pressure-test promises against work obligations. In higher-asset cases, we coordinate with an estate planning attorney to update guardianship nominations, powers of attorney for medical decisions when a child travels, and beneficiary designations that reflect the new state of residence. If a parent has passed away or a guardianship intersects with a probate matter, a probate lawyer can ensure orders align across courts.
In contested divorce situations, we also know how to lay out the story so a judge can follow it. Judges read dozens of motions every week. A coherent narrative, tight exhibits, and consistent testimony can tip a close case. In an uncontested divorce or a cooperative post-decree modification, the lawyer’s role is to capture the agreement with precision so it holds up when life gets messy.
A focused checklist before you seek a move
- Read your order’s geographic restriction and any triggers that lift or change it. Gather proof: job offer, housing, school data, medical networks, travel budgets. Draft a detailed possession and travel schedule that preserves real time with the other parent. Talk with a child custody attorney early to plan filings and timelines around school calendars. Approach the other parent with a written proposal and openness to mediation.
Final thoughts for parents weighing a relocation
Relocation cases do not reward wishful thinking. They reward planning, specificity, and child-centered design. The best proposals match a family’s reality: work demands, money, the child’s temperament, and the geography between two homes. Judges want to say yes when a move promises genuine benefits and the non-moving parent’s relationship remains intact in practice, not just in theory.
If you are considering a move, start early. If you are facing one, gather your facts and consider alternatives that protect your time. Whether your case is a straightforward agreed modification or a hard-fought contested hearing, an experienced family lawyer or child custody attorney can help you navigate the legal standard, anticipate the court’s concerns, and build a plan your child can actually live with.