Should you relocate after your divorce?

On Behalf of | Mar 16, 2021 | Blog, Divorce, Family Law

When you finalize your divorce in Texas, you might want to move to a new area as soon as possible. Relocating to a new city or state seems like the perfect way to give yourself a fresh start. Unfortunately, you can’t move without a judge’s permission, and if you do, you might have to deal with the legal consequences that follow.

How do you get permission to relocate?

According to state law, you can’t take the kids after your divorce and move wherever you want. This makes it much harder for your former spouse to see their kids and enjoy their custody rights. Relocation isn’t impossible, but you’ll have to get a judge’s permission first.

To get permission, you’ll need to prove to the judge that you’re acting in the child’s best interests. Your family law attorney might suggest pointing out that you’re moving to be closer to your family members. You could also state that you’re taking advantage of a job opportunity that would allow you to give your child a better quality of life. Other reasons could include going back to college or living in an area with a lower cost of living.

If you seem to be moving in “good faith,” the judge might approve your request. However, they might deny your request if they suspect that you’re moving to get back at your former spouse and make it harder for them to see their kids. No matter what happened between you and your former spouse, they still have the right to see their children, and the judge may hold it against you if you try to take that away.

Should you talk to an attorney first?

When you think about relocating or making any major decision after your divorce, it’s best to consult an attorney first. Otherwise, you might end up breaking the law without realizing it. Many people don’t know that they can’t relocate without a judge’s decision and end up getting themselves in children. Your attorney could also tell you about “good faith” reasons so you could make it clear that you’re doing the right thing for your children.