Can you move with your child after divorce?

Can you move with your child after divorce?

On Behalf of | Feb 18, 2021 | Divorce |

There may come a time when you want to move out of Texas. If you have a child and are about to divorce or have already divorced, this will make things more challenging.

How will you justify your decision to move with your child?

The other parent has a right to see their child. If you wish to move away with the child, you will need to show why:

  • Why are you moving? Do you have a great job offer? Are you moving to be closer to your family? Has your child been accepted at a prestigious stage school? Moving because you want to get as far away from your ex as possible is unlikely to impress a judge unless you need to escape a violent ex-partner.
  • When do you plan to go? There may be a set period of notice you need to give the other parent.
  • How far are you moving? There is a massive difference between moving across the state line to New Mexico and heading to live on the other side of the country.
  • How will it affect your child’s relationship with the other parent? What arrangements will you make for your child to keep in touch with their other parent? Will you send them back on the holidays or on long weekends? Does your child have their own phone to ring the other parent whenever they want? Or will you set up regular Zoom meetings for smaller children?

Remember that when creating a child custody order or considering a request to modify one, judges aim to do what is in the child’s best interest. If you feel moving is in your best interests, you need to convince a judge that it is also in your child’s.