Can my Soon to be Ex-Husband Prevent me from Moving to Another City with our Child?

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“I live in Austin, TX. If I divorce my husband of 20+ years I would want to relocate to Tyler, TX where I have family. My husband says I can get a divorce, but I cannot leave the Austin area since we have a 14 year old son. I would not want to stay in Austin if I get a divorce and I would want to take my son to the new town I move to in Texas. Is there a law that prevents divorced moms from taking their son to another town, leaving their ex-husband in the town that they have all lived in the last 20 years. Thank you so much for your assistance in this matter.”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

Since this is a move away that would prevent easy visitation, the Court in Texas will use a “best interests” standard to decide whether or not to allow you to move with your son. The court will weigh all circumstances to come up with its decision as to what are those best interests. Texas divorce decrees sometimes have a provision for one parent or the other to be the one that decides on a child’s residence, so you may want to request that. Usually Courts also look to which parent will provide consistent access to the non-custodial parent when making an initial custody determination, so think about that if you want to make such a move. The Court may also take into account your child’s wishes when determining child custody since your son is a teenager.

Contested move aways are some of the toughest and saddest cases in family law. They can take years and cost a lot of money. Human cost should also be considered and factored in before starting.



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Author: House Attorney

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