Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“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.”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.
Question: 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.
