Can I Move During the Divorce Process?

Whether it’s moving to a new apartment, across the state, or closer to family out of town, people often want to make a fresh start before the divorce is even final. But depending on your situation, especially if you have kids, this move could have serious legal consequences.

Transcript

Can I Move During Divorce?

Speaker 1 0:04

You are listening to the Ever Argue With A Woman podcast and I am Heather Tesmer. Welcome back to the Ever Argue With A Woman podcast, the show where we break down big legal questions into real life answers. I'm your host, heather Tesmer. I'm a board-certified family law attorney in Texas, helping people navigate life's toughest transitions with clarity and confidence. Today we're talking about a common but tricky question Can I move during my divorce?

Moving With Children: Legal Complications

Speaker 1 0:50

Well, whether it's moving to a new apartment across town or across the state or closer to family out of town, people often want to make a fresh start before the divorce is even final. Want to make a fresh start before the divorce is even final. But, depending on your situation, especially if you have children, this move could have a serious legal consequence. So let's break it down. So people want to move during their divorce. That happens all the time. It's understandable. Divorce brings major changes in your life, so you may want that fresh start, or to live somewhere more affordable, or you want to move closer to your family. It's totally understandable, understandable. You may also want to get away from a toxic or unsafe situation. But just because you want to move doesn't mean the court will always let you, especially if there are children involved. So can you legally move during a divorce? Well, let's clarify this. If you are moving alone, without your children, you can usually do just about anything you want to, no restrictions. But you'll just need to keep up your legal address, keep that up to date and make sure you're still available for any court hearings or mediations or anything else that the court might require or that your attorney needs you for.

Court Considerations for Relocation

Speaker 1 2:31

But if you're trying to move with your children, especially out of the county or out of the state, that's where things get complicated. So most courts, including those in Texas, which is where we practice they require either a mutual agreement with the other parent or a court order allowing for the move. In many Texas divorce and custody cases, the court places what's called a geographical restriction. This limits where you and the children can live. The most common restriction is that the child must live in the same county or contiguous counties, and that's where the other counties are actually touching that first one. If you want to move outside of that boundary, say to another city or state, you've got to ask for the court's permission and you have to prove that it's in the best interest of the children. Or I mean if the other parent will agree to it, that's even better. So also, most courts have standing orders while you're going through the divorce, and those will also limit where you can and cannot live or move to.

Consequences of Moving Without Permission

Speaker 1 3:58

And then let's talk about the Family Code. In section 153.001, it tells you that it's the public policy of this state to assure that children will have frequent and continuing contact with their parents, and as long as those parents have shown the ability to act in the best interest of their children. Parents need to provide a safe, non-violent environment for the children and encourage parents to share in the rights and duties of raising their children, even after they've separated or dissolved their marriage. So if you're hoping to move during the divorce and your child will come with you, here's what you need to do. You need to file a motion with the court to modify the geographical restriction or request a temporary order. You got to be prepared to explain why the move is necessary, and there are many factors that the courts can and will consider when making their decision. So you got to be able to show that the reasons for and against the move, including the parents, good faith motives in requesting or opposing it.

Speaker 1 5:20

The judge is going to look at a comparison of the education, health and leisure opportunities for the children. They're going to look at the degree of economic, emotional and educational enhancement for the custodial parent if they're allowed to move with the child, also going to look at the effect on the extended family relationships. They're going to look at the accommodation of any child's special needs or special talents. They're going to look at the effect on the visitation and communication with the non-custodial parent so that they're able to maintain a full and continuous relationship with the child if they do move. And they're going to look at the possibility of a visitation schedule that's going to allow for the continuation of a meaningful relationship with the parent that's getting left behind. So the noncustodial parents ability to relocate is also looked at. So can they move with you? That would be helpful. So you need to expect a hearing where the other parent may actually object and then the judge will hear both sides and decide if it's important for you to move with your child.

Speaker 1 6:42

A move without the court's approval can backfire and even lead to you losing custody of your child. So let's not do that. But what if you do move without permission? If you relocate without a court's approval or in violation of a standing order. You can be held in contempt of court order. You can be held in contempt of court and the court may order the child be returned, and returned to the other parent. It can hurt your custody case and possibly permanently hurt your case, even if you think it's the right thing emotionally or financially. The legal system views unauthorized relocation as disruptive and potentially harmful to the child. So let's don't do that.

FAQs and Final Advice

Speaker 1 7:34

So let's go through some frequently asked questions. So what if my ex already moved and took the kids? Well, that's bad. So you can file a motion. You can ask the court to enforce the order or reinstate the geographical restrictions. You can actually go in and ask for a habeas corpus and have the sheriff go and take your kids from them. Can I just move temporarily with the kids, like for the summer or holidays? Well, only if your custody order allows it or you get a written agreement from the other parent, and I'd be careful about that because they still get visitation in the summers.

Speaker 1 8:20

What if there's no custody order in place yet? Well, the court still expects you to act in good faith. So moving a child during a pending divorce without permission can still affect the outcome. So be very careful with that. So can you move during a divorce? Maybe yes. So if you're moving by yourself, it's fine, but if not, then don't move so fast, because you got to be careful when you have children. So check with your attorney first, especially if you have a geographical restriction already in place or custody has yet to be resolved. Your intentions may be good, but the court's priority is always always the best interest of the child and stability matters. So if you're unsure, don't guess, ask your attorney.

Speaker 1 9:22

So if you found today's episode helpful, please subscribe, leave a review or share it with someone who might be going through this exact scenario or something similar. If you would like to connect with me or my team, you can always get us by email at info at testamurlawfirmcom. You can go through our website to connect with us. We're on all the social media platforms, so please let us hear from you and we'll be dropping some extra resources and information on the website. So be sure to check back. And lastly, if you have a question that you would like us to cover on the podcast, send it in. We're always here to help demystify the divorce process. So until next time, take care of yourself you.