One of the most difficult issues to resolve in a divorce is child custody. When you and your ex-partner cannot agree on where your children should live or what rights each parent has, the situation can become even more complicated. A common question that arises in such cases is whether your ex can take your children out of state. The answer depends on a variety of factors, including your custody arrangement and the laws governing child custody in your state.
Custody and conservatorship in Texas
In Texas, child custody is referred to as “conservatorship.” The law usually awards joint conservatorship, meaning both parents share the right to make important decisions about their child’s life. However, in some cases, only one parent is granted sole conservatorship if the other parent is deemed unfit. This could happen due to allegations of domestic violence, child abuse, substance abuse, or abandonment.
Even in joint conservatorship cases, the parent with physical custody, often called the “primary managing conservator,” usually has the right to determine where the child lives. The other parent has visitation rights but typically does not have a say in the child’s day-to-day decisions, including moving out of state.
Can a parent take the children out of state?
If you and your ex share joint conservatorship and there is no clear agreement, your ex may not be able to take the children out of state without your consent. Under Texas law, both parents must agree to any major change, such as moving out of state with the children. If one parent plans to move, the other parent can object and may seek a court order to prevent the move.
In cases where only one parent has sole conservatorship, the custodial parent has more authority to make decisions for the child. However, even then, the non-custodial parent may still challenge the move in court if it is in violation of the custody agreement.
What if a parent wants to move?
If your ex intends to move with the children, they must follow specific legal steps. They must typically inform you in writing about their plans. If they do not, you may have grounds to seek legal action. Courts will always prioritize the child’s best interests, which means they will consider factors like how the move will affect the child’s relationship with both parents, the distance of the move, and the child’s overall well-being.
If you are concerned that your ex might take your children out of state without your consent, consult a family law attorney. They can help you understand your rights and may assist in obtaining a court order that restricts your ex from taking the children out of state without your approval.