Your former spouse has informed you that they’re moving out of state because of a new job opportunity—and they’re taking your child with them. Suddenly, panic sets in. Since they are the custodial parent, you’re worried that there isn’t much you can do to stop them. You also think about all the moments you’ve shared with your child, and missing out on future memories feels unbearable. Immediately, you wonder, “Can I stop my former spouse from relocating with our child.”
You are not alone. Many parents face this exact situation after a divorce.
Here’s what you need to know if you find yourself in this position.
Can You Stop the Move?
While you can’t necessarily stop your former spouse from accepting a new job opportunity, you may have a say regarding your child’s future living situation. This depends on several factors, including your original custody arrangement and whether geographic restrictions are in place. Here are a few issues to consider:
Geographic Restrictions
Many custody orders include a restriction limiting where the custodial parent can live with the children. For example, the order may state that the children must live within a specific county or school district. If your ex wants to move outside this area, they must get court approval or modify the order.
Without geographic restrictions, you might struggle to stop them from moving with your child.
Best Interests of the Child
Texas courts always put the child’s best interest first when making decisions. If you think the move would harm your child’s well-being, you can ask the court to stop it. The court will consider things like:
- How the relocation will affect the child’s relationship with both parents
- The impact on the child’s school, social life, and stability
- Why the parent wants to move
Filing a Motion
If your ex plans to relocate with your child and you disagree, you can file a motion to modify the custody or possession order to prevent the move. The court will review your case and decide based on the child’s best interest.
In short, while stopping your ex from moving away with your child is possible, legal action and reliable evidence that the move isn’t in the child’s best interest are required. Consulting with a capable and trusted family law attorney can help.
Please Call Christman | Daniell Attorneys for Your Legal Needs Today!
Looking for family law services? Christman | Daniell Attorneys is your premier choice. With years of experience and a deep understanding of the legal landscape in cities throughout the Dallas-Fort Worth area, our skilled team is dedicated to helping families navigate complex legal matters. Whether divorce, child custody, or adoption, trust Christman | Daniell Attorneys to provide compassionate and effective representation for all your family law needs.
Please consult an attorney for advice about your situation. The material on this website and in this or any blog article we publish are for informational purposes only and do not constitute legal advice. The attorneys at Christman | Daniell Attorneys believe in tailoring legal advice and solutions to your circumstances.
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