5 Reasons a Judge Might Say ‘No’ to Your Relocation Request After a Divorce in Texas

When you’re going through a divorce in Texas, and you’re the primary caregiver for your children, you may want to move to a new city or state for a fresh start. Maybe you have a job opportunity, family support, or you simply want a change of scenery. But if you’re planning to move with your kids, you’ll need to get the court’s permission first.

In Texas, if you want to relocate with your children after a divorce, you must either have the other parent’s consent or a court order allowing the move. If the other parent objects to the relocation, you’ll need to convince a judge that the move is in your children’s best interests. And that’s not always easy to do.

In fact, there are several reasons why a judge may deny your request to relocate with your kids after a divorce in Texas. Here are five of the most common:

1. The Move Would Disrupt the Children’s Relationship with the Other Parent

One of the primary factors judges consider in relocation cases is how the move will impact the children’s relationship with the non-relocating parent. Texas law recognizes the importance of children having frequent, meaningful contact with both parents after a divorce.

If your proposed move would make it difficult for your children to maintain a close bond with their other parent, a judge may be hesitant to approve the relocation. For example, if you’re planning to move several hours away or out of state, the court may worry that the distance will hinder the other parent’s ability to see the children regularly and be involved in their lives.

2. The Move Seems Motivated by a Desire to Limit the Other Parent’s Access

Judges are also wary of relocation requests that seem to be motivated by a desire to limit or cut off the other parent’s access to the children. If it appears that you’re moving primarily to get away from your ex or make it harder for them to see the kids, the court is unlikely to look favorably on your request.

Of course, there may be legitimate reasons why you want to put some distance between yourself and your former spouse. Maybe they’ve been harassing you, or you’re concerned for your safety. But you’ll need to provide compelling evidence to convince the court that your reasons for relocating are truly in your children’s best interests and not simply a way to alienate the other parent.

3. The Children Are Opposed to the Move

If your children are old enough to express a preference, their wishes will be taken into account by the court. Judges will generally give more weight to the opinions of older children, especially teenagers, who are deemed mature enough to make reasoned decisions about their living arrangements.

If your kids are strongly opposed to moving – perhaps because they don’t want to leave their friends, school, or extracurricular activities – a judge may be hesitant to go against their wishes. Of course, the court will also consider whether the children have been unduly influenced by the other parent and will make a decision based on their overall best interests.

4. The Proposed Move Would Negatively Impact the Children’s Quality of Life

When evaluating a relocation request, judges will look closely at how the move is likely to impact the children’s overall quality of life.

• Will they be moving to a good school district?
• Will they have access to extracurricular activities and social opportunities?
• Is the new location safe and conducive to their healthy development?

If the court believes that the proposed move would downgrade the children’s living situation or negatively impact their physical, emotional, or educational well-being, they may deny the relocation request. The parent seeking to move will need to present a compelling case for why the relocation is in the children’s best interests despite any potential drawbacks.

5. The Parent Requesting the Move Doesn’t Have a Good Faith Reason

Finally, judges will want to see that the reasons behind a parent’s relocation request are legitimate and made in good faith. If the court suspects that the parent is moving for frivolous or spiteful reasons – like to get revenge on the other parent or chase a new romantic partner – they are unlikely to approve the move.

To convince a judge to allow relocation, you’ll need to demonstrate a sincere, child-centered reason for the move. Common examples include a job opportunity that will improve your family’s financial situation, a need to be closer to extended family for support, or a desire to access specialized medical or educational resources for your child.

What to Do If You’re Dealing With a Relocation Dispute After Divorce

If you’re considering relocating with your children after a divorce in Texas, or if you’re a parent who wants to challenge the other parent’s proposed move, you need an experienced family law attorney on your side.

Relocation cases can be emotionally charged, and the outcome can have a big impact on your relationship with your children.

At the Law Office of Aimee Stritchko, we understand the stakes in relocation disputes. Our divorce attorneys can help you:

• Understand your rights and obligations under Texas relocation laws
• Build a strong case for why the proposed move should be allowed or denied
• Gather evidence to support your position, including testimony from experts and witnesses
• Negotiate with the other parent to try to reach an agreement outside of court
• Represent your interests at trial if necessary and fight for an outcome that protects your children’s best interests

If you’re facing a relocation issue in your Texas divorce, don’t wait to get legal help. Contact the Law Office of Aimee Stritchko today to schedule a consultation with one of our family law attorneys.