Life after divorce rarely stays still. Career opportunities, new relationships, family support systems — any number of reasons might lead a divorced parent to consider leaving the Dallas-Fort Worth area with their children. But if you share custody with a co-parent, moving is never as simple as packing boxes.
Parental relocation is one of the most frequently contested issues in post-divorce family law in Texas, and the rules around it are stricter than many people expect. Here is what every divorced DFW parent needs to know before making a move.
Does Your Divorce Decree Have a Geographic Restriction?
The first thing to check is your existing custody order. Many divorce decrees in Texas include a geographic restriction — a clause that limits where the custodial parent can establish the child’s primary residence. These restrictions are common in DFW-area divorces and often confine the child’s residence to one of several specific counties, such as Dallas, Tarrant, Collin, Denton, or contiguous counties.
If your order has a geographic restriction and you move outside that area with your children without court approval, you could be held in contempt of court — a serious legal consequence that can affect your custody rights, your standing in future court proceedings, and potentially result in criminal penalties.
What If Your Decree Has No Geographic Restriction?
If your custody order does not include a geographic restriction, you generally have more flexibility — but not unlimited freedom. The other parent can still file a motion to modify the custody order to block or respond to the relocation, especially if the move would substantially disrupt the existing parenting schedule.
Even without a formal restriction, moving a significant distance away — particularly out of state — will almost certainly trigger a court fight if the other parent objects. And in Texas, courts take both parents’ rights to a meaningful relationship with their child very seriously.
How Texas Courts Evaluate Relocation Requests
If the other parent contests your move or you need to petition the court to lift a geographic restriction, a judge will analyze the request based on the best interests of the child standard. Texas courts consider a range of factors, including:
- The reason for the proposed relocation (job opportunity, remarriage, family support, etc.).
- The reason the other parent is objecting to the move.
- The effect the relocation will have on the child’s relationships with both parents.
- The feasibility of preserving the non-relocating parent’s relationship through modified visitation.
- The child’s ties to their current school, community, friends, and extended family in the DFW area.
- The child’s preference, if the child is of sufficient age and maturity.
- Whether the relocation will improve the quality of life for the child and the relocating parent.
Courts do not automatically side with or against the relocating parent. A well-documented, genuine reason to move — combined with a thoughtful proposed modification to the parenting schedule — gives the relocating parent a much stronger position in court.
Can You Relocate If the Other Parent Agrees?
Yes — and this is the cleanest path forward. If both parents agree to the relocation, you can work together (ideally with the help of attorneys) to draft a modified parenting plan that accounts for the new distance. This agreement must be approved by a family court judge and incorporated into a new court order.
A modified plan for a long-distance custody situation typically involves longer blocks of time during school breaks, summer vacation, and holidays for the non-relocating parent — along with clear protocols for travel costs and communication. Getting these details right from the start prevents future disputes.
What Happens If You Move Without Permission?
Moving your children outside a court-ordered geographic restriction without the other parent’s consent or a court order authorizing the move is a serious mistake. The other parent can file an emergency motion, and a judge could order the children to be returned to the DFW area immediately. It can also significantly damage your credibility in any future custody proceedings.
Even when there is no formal restriction, relocating across state lines without notice can raise concerns about parental abduction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which governs how states handle competing custody orders.
Talk to a DFW Family Lawyer Before You Make Any Plans
Relocation cases are fact-intensive and outcome-sensitive. The strength of your case depends on your specific custody order, the distance of the proposed move, your reasons for relocating, and the history of co-parenting between you and your ex.
If you are thinking about moving out of the DFW area with your children — or if your co-parent has announced plans to relocate — it is critical to speak with a family law attorney as soon as possible. Acting early gives you the best chance of protecting your parental rights and your children’s stability.
Attorney Grant Frankfurt
Attorney Grant Frankfurt is a highly experienced family lawyer based in Dallas, Texas. For over a decade, Grant Frankfurt has helped individuals navigate the criminal justice system while minimizing the effects of charges. Schedule a consultation today online or call me at (214) 775-5050.
