Moving after Divorce

Aug 8, 2012 by


My divorce was final 2 months ago and we have a child that we share joint custody of and right now we both live within 30 miles of each other. I am wanting to move to Austin which is about 8 hours away and he is fighting me on it. What do I need to do if anything and can he stop me from taking our daughter and moving? I am the home parent.



Texas judges usually issue orders at the time of the divorce preventing the primary parent from changing the residence of the children. The court can restrict the children’s residence to the county where they currently live and your planned “…move to Austin 8 hours away” is a bit farther than most courts usually have in mind.

If your divorce terms do not restrict the children’s home to a specific area, you are still required to give your ex 60 days notice of your intent to move. If he wants to try to stop you he can file a temporary restraining order to prevent you from moving until another hearing can be held. You will have to show the court a good reason why you want to move. The court may consider reasons like; your job is moving or that you need help with the children from relatives in another area.

If you are moving simply to sever the children’s relationship with their father, the court will not be favorable. What you need to do at this point is come up with a very solid reason for your intended move. – The Team

Wendy Jaffe and can only provide general information about divorce. DO NOT RELY ON MS. JAFFE’S ADVICE ALONE. Before acting on information provided by Ms. Jaffe or by, talk to an attorney first about your particular facts and the law of your state. By submitting your question to, you are not creating an attorney/client relationship with Ms. Jaffe or with any of the other attorneys listed on this site.

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