If you are thinking about leaving Texas while a divorce is underway, or right after it ends, there are some rules to know about. Talk with a New Braunfels divorce and family law attorney to walk you through the limitations that might apply to you.
Can You Move Out of Texas During a New Braunfels Divorce?
The three issues that could affect you are:
- Residency rules for the divorce itself
- Any temporary orders already in place
- Whether children are involved
Residency Rules
Texas requires that either you or your spouse have lived in the state for the six months right before the divorce petition is filed and in the county of filing for the last ninety days before filing. If you leave Texas before those periods are met, the court may lose the power to hear the case. Once the petition is filed, the court keeps jurisdiction over the divorce even if one of you moves.
Temporary Orders
The family court will often issue temporary orders while a divorce is pending. They’re not permanent, but they must be followed, and they often control what you can do. They can set who stays in the marital home, how parenting time works, and whether either of you may relocate with the children.
Ignoring a temporary order and moving anyway can lead to enforcement actions, contempt findings, or changes in how the court evaluates your reliability, which could have a serious effect on your child custody rights.
When Children Are Involved
Most Texas custody orders will include a geographic restriction that limits where the child may live, and that restriction usually keeps the primary residence inside one county and the counties that touch it (or some other well-defined area).
The parent who has the right to decide the child’s primary residence must stay inside that area, unless the other parent agrees in writing, a court changes the order, or the other parent’s parental rights have been completely rescinded by the court (which is rare).
How to Get Around a Restriction
If your child custody order contains a restriction, you must file a petition to modify the parent-child relationship if you want to move. The court will decide whether the move is in the child’s best interest by looking at the reasons for the move, the effect it will likely have on the child’s relationship with the other parent, the possibility of coming up with a workable possession schedule, the child’s ties to the current community, and the child’s educational and health needs.
After Divorce
After the divorce is final, you are free to move yourself. Taking your child outside any geographic restriction will still require either the other parent’s written agreement or a successful modification of the standing orders. Informal texts or verbal promises do not protect you.
Talk to a Divorce and Family Law Attorney
You do not have to figure this out alone, and you shouldn’t. Request a consultation with the Lovorn Law Firm today in New Braunfels, Boerne, or Kerrville, TX.
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