One of the most anxiety-inducing moments for divorced parents in Houston: receiving notice that your ex plans to move away with your children. Or perhaps you’re the parent who needs to relocate for a job opportunity or family support—and you’re wondering what rights you have.

In Texas, relocation with children after divorce isn’t a simple decision one parent can make alone.

The Legal Framework

If you have an established court order with a geographical restriction, the custodial parent cannot relocate the child’s primary residence outside the geographical area to which the child’s residence is restricted, usually the county of residence and any county contiguous to that county—without either:

• Written consent from the other parent, or
• A court order approving the move

Many parents don’t realize that even moving across Houston from Katy to Pearland could trigger these restrictions if it crosses county lines outside of the restriction.

What Courts Consider

Texas judges don’t rubber-stamp relocation requests. They examine multiple factors:

• The child’s relationship with both parents
• Impact on the existing visitation schedule
• Educational and social opportunities in the new location
• The reason for the proposed move
• Each parent’s ability to maintain a meaningful relationship with the child
• The child’s preferences (if age-appropriate)
• The best interest of the child

Simply wanting a fresh start, pursuing a romantic relationship elsewhere, or accepting a higher-paying job usually isn’t sufficient justification if it significantly disrupts the other parent’s access to the child.

For Non-Relocating Parents

If your ex announces a move, don’t wait. You have legal options, including filing an objection and requesting a hearing. The sooner you act, the better your chances of protecting your parental rights and relationship with your child.

Facing a custody relocation dispute—or need to relocate yourself?

Boswell Law Firm has guided Houston-area families through these complex situations for over 21 years. We serve clients throughout Harris, Fort Bend, Galveston, Chambers, and Brazoria counties with compassionate, client-centered representation—because we know you need both legal expertise and genuine support during these difficult transitions.

Don’t navigate this alone. Call Boswell Law Firm today: 832-919-6595

Empowering others to find peace in the chaos