Can A Custodial Parent Move Out Of State?

Can A Custodial Parent Move Out Of State
As an Amazon Associate, I earn from qualifying purchases.

Last Updated on April 29, 2023 by

Yes, a custodial parent can move out of state if they have court-ordered custody rights. If the non-custodial parent does not agree to the move, then the custodial parent must file a petition with the court that granted their original custody order and request permission to relocate. The court will consider factors such as any potential detriment to the child from leaving their current home state and school system, how often the non-custodial parent is able to visit or communicate with them, whether relocation would be in the best interests of all involved parties, and other relevant facts.

Ultimately it is up to a judge’s discretion whether or not they permit this move.

Yes, a custodial parent can move out of state with the child as long as certain requirements are met. The non-custodial parent must be informed and given notice about the proposed relocation. Depending on the state laws that apply to your situation, either both parents must agree to the move or one parent will need permission from a court before they can take their child across state lines.

In any case, it is important that proper legal steps are taken in order for a custodial parent to legally relocate with their child.

What happens when a parent tries to move out of state without a custody order?

How Far Can a Custodial Parent Move in Texas?

Exact Answer: In Texas, a custodial parent may move up to 100 miles away from their current residence.A custodial parent’s ability to move in the state of Texas is limited by law. Generally speaking, they are allowed to relocate within the state as long as it does not exceed a distance of one hundred miles from their current place of residence.

This means that if you are currently living in Houston and would like to move to Austin or Dallas, for example, then this would be considered an acceptable relocation under Texas law. It also means that when considering where a custodial parent can legally live after relocation has been approved by the courts, cities such as San Antonio and Fort Worth remain accessible options. Ultimately, while moving is often a difficult decision for parents with custody of children – especially those who have recently gone through a divorce – there is still some degree of flexibility available when choosing where they will be able to make their new home within the Lone Star State.

Can Non Custodial Parent Move Out of State in Texas?

Yes, a noncustodial parent can move out of state in Texas. However, they must obtain permission from the court before doing so or risk being held in contempt of court. If the custodial parent objects to the relocation, they can file an objection with the court that could prevent it from happening.

If a relocation is approved by the court and both parents agree to it then a revised parenting plan will need to be drafted which outlines how visitation rights will be handled across state lines as well as any changes in child support payments.When making such an important decision for your family it is essential to seek legal assistance from an experienced attorney who understands all relevant laws surrounding parental relocation and custody rights. A qualified lawyer can help you navigate this complex issue while protecting your best interests as well as those of your children’s.

Furthermore, if there are disagreements between you and your co-parent about relocating out of state then using mediation services may help resolve these issues without having to go through litigation proceedings with the courts.

Can a Father Stop a Mother from Moving in Texas?

No, a father cannot stop a mother from moving in Texas. If a mother wishes to move to Texas, she has the right to do so without needing permission from anyone. In some cases involving custody agreements or other court orders, there may be conditions set on where either parent can live; however, unless such an agreement is in place between the parents of the child, then neither parent has any legal right over where the other one lives.

Moving out of state can have serious consequences when it comes to visitation and custody arrangements with minor children; therefore if you are considering this option as a father or mother it’s important that you understand what your rights and responsibilities are under local laws before making any major decisions about relocation.

Can a Parent Keep a Child Away from the Other Parent in Texas?

Yes, a parent in Texas can keep a child away from the other parent. In the state of Texas, there are certain legal steps that can be taken if one parent wishes to have sole custody or if it is in the best interests of the child for only one parent to have contact with them. This could include filing an emergency motion and obtaining a temporary restraining order against the other parent or petitioning for full custody through court proceedings and having restrictions placed on any visitation rights granted to the other party.

Parents should always seek legal advice before taking such steps as it is important that decisions about child custody are based on facts rather than emotion.

Can A Custodial Parent Move Out Of State?


Moving Out of State With Child No Custody Agreement

Moving out of state while in a custody dispute can be complicated and potentially dangerous. It is important to keep in mind that if there is no existing custody agreement, the parent who moves will not have any legal right to custody or visitation until a court order determines otherwise. If you are considering such a move, it’s best to consult an attorney first and make sure all necessary paperwork is in place before making any decisions about relocation.

What Happens to Child Support When Custodial Parent Moves Out of State

When the custodial parent moves out of state, it can be difficult to enforce child support payments. The non-custodial parent is still obligated to pay their court ordered amount and must comply with the laws in both states involved. If a child support order was issued in one state, then that order may need to be modified or enforced by the courts of another state.

Additionally, federal laws are available which allow for enforcement across state lines if needed.

How to Get Permission to Move Out of State With Child Texas

In order to move out of state with a child in Texas, both parents must be in agreement and provide written consent. If the legal custody is not shared between the two parents, then one parent will need to file a petition in the court where they were granted sole or joint custody. The other parent will have an opportunity to respond and then appear at a hearing before the judge makes their decision.

It is important for all parties involved to understand that it is ultimately up to the judge’s discretion as to whether or not permission is granted.


In conclusion, a custodial parent may move out of state without the permission of the non-custodial parent. However, it is important to note that there are certain considerations that must be taken into account before relocating. These include seeking legal advice and obtaining consent from any court with jurisdiction over the child’s custody arrangement.

Ultimately, if all parties involved can come to an agreement about how best to handle their situation and provide for the needs of their child, then a custodial parent may have the opportunity to relocate out of state in order to provide a better life for themselves and their family.