Do I Need Permission From My Ex To Move With Our Child?

 Posted on September 26, 2025 in Child Custody

There are many good reasons to move. However, when you share custody of a child in Texas, relocating is not as simple as deciding to go, packing up, and leaving. If a parent moves without the required approval, it could trigger serious legal consequences that affect both custody rights and the child’s stability. Our Dallas, TX child custody lawyer provides the knowledge and advocacy you need to navigate relocation issues and protect your role in your child’s life.

When Do You Need Permission To Relocate in Texas?

In Texas, the law does not specify a fixed distance that requires you to ask permission before moving with your child. Instead, most Texas custody arrangements include limits on where a child can live. These are often called geographic restrictions. For example, the court may say the child must live within a certain county or region. If you want to move outside that area, you usually need your ex’s agreement or the court’s approval.

The idea is to keep the child close to both parents and reduce the strain of long-distance parenting. If you and your ex can agree on the move, you may submit that agreement to the court. If not, you must file a request with the court to modify the custody order.

What Happens if You Move Without Permission?

Relocating outside the geographic restrictions of your custody order without consent or a court order can have serious consequences. You could face fines, legal fees, or even jail time in extreme cases.

The most common consequence of moving a child without approval is a modification to the custody order. Under Texas Family Code § 156.101, a judge can modify the custody arrangement if circumstances have changed and the modification is in the child’s best interest. If you move your child without approval, the judge might decide that your ex should become the primary custodial parent. This can result in you losing significant parenting time.

How Do Courts Decide Relocation Cases in Texas?

When deciding relocation cases, Texas courts always focus on the child’s best interest. Texas Family Code § 153.002 makes this the guiding principle in all custody decisions. Every case is different and can have different deciding factors. However, some common considerations include:

• How the move would affect the child’s education and stability

• The quality of the new home and community

• The child’s relationship with each parent

• The reasons for the move, such as a new job or support from extended family

• How easily the child can continue to maintain a significant relationship with the non-moving parent

If the judge believes the move will disrupt the child’s life more than it might help, the request may be denied. On the other hand, if the move offers better opportunities and the parenting plan can be adjusted fairly, the court may grant it. If you have concerns about how the court and your ex will handle your plans to move, an experienced attorney can help.

Contact a Tarrant County, TX Child Custody Attorney Now

At Law Office of Michelle Poblenz, we bring more than 25 years of legal experience to every case. Attorney Michelle Poblenz previously served as a prosecutor for the Dallas County District Attorney’s Office, giving her unique insight into how courts handle high-stakes family matters. Clients often voice their appreciation for the personal attention, compassion, and persistence shown throughout even the toughest custody battles.

Call us today at 469-845-3031 to schedule your initial consultation to find out how a knowledgeable Dallas, TX child custody lawyer can help.