Finding out whether your ex can move out of state with your child in Texas is one of the most frightening questions a parent can face. Maybe your ex just told you they are taking a job in another state. Maybe they mentioned moving closer to family without asking how you feel about it. Maybe you found out from your child instead of your co-parent. It is normal to feel panicked, angry, and desperate to do something right now. The good news is that Texas law gives you real tools to stop an unauthorized move, and acting fast is the most important thing you can do.
At McCarty-Larson, PLLC, Bria Larson and our team help parents across Ellis County, Johnson County, Tarrant County, and Dallas County protect their custody rights when a relocation threatens to separate them from their children.
When you choose McCarty-Larson, you’re choosing a legal team that will stand by you every step of the way.
Key Takeaways
- Most Texas custody orders include a geographic restriction that limits where the child’s primary residence can be
- Your ex cannot move the child outside the restricted area without your agreement or a court order
- Moving without permission can result in contempt, makeup time, and a change in custody
- You can file for an emergency temporary restraining order to stop a move before it happens
- Acting fast matters because courts are harder to help you once the child is already in another state
Does Your Custody Order Include a Geographic Restriction?
The first thing to check is your custody order. Most Texas custody orders include a geographic restriction that limits where the child’s primary residence can be. Common restrictions include a specific county, a group of contiguous counties, or a school district boundary.
Under Texas Family Code Chapter 153, a geographic restriction is a standard provision in most possession orders. If your order has one, your ex cannot move the child outside that area without either your written agreement or a court order lifting the restriction. Moving without permission violates the order and opens the door to enforcement action.
If your order does NOT include a geographic restriction, the situation is more complicated. Your ex may have more freedom to relocate, but Texas law still requires that any move serve the best interest of the child. Even without a restriction, you can file to modify a Texas custody order if the move would harm your relationship with your child.
What Happens If Your Ex Moves Without Permission
If your ex relocates the child outside the geographic restriction without your agreement or a court order, that is a violation of the custody order. Texas courts take these violations seriously.
Consequences your ex can face include:
- Contempt of court. A judge can hold your ex in contempt for violating the order, which can carry fines and jail time
- Makeup possession time. The court can order your ex to give back the time you lost with your child
- Attorney fees. Your ex may have to pay your legal costs for filing the enforcement action
- Change in custody. Repeated violations or a blatant unauthorized move can be grounds for the court to change who has primary custody
If your ex has already left and taken the child, read our guide on what to do if your ex won’t return your child in Texas for immediate steps you can take.
How to Stop the Move Before It Happens
If your ex has announced plans to move but has not left yet, you have a window to act. The fastest legal tool available is a temporary restraining order (TRO).
A TRO asks the court to order your ex not to move the child outside the geographic restriction while the case is being heard. Texas family courts can grant a TRO quickly, sometimes the same day the request is filed. Once in place, your ex violates a court order if they go through with the move.
Steps to take right now:
- Pull out your custody order and confirm the geographic restriction language
- Save every communication where your ex discusses the move (texts, emails, voicemails)
- Contact a family law attorney immediately to file for a TRO and a hearing on the relocation
- Do not agree to the move verbally or in writing unless you are certain you want to allow it
Speed matters here. Courts are much more effective at preventing a move than reversing one after the child is already living in another state.
What If Your Ex Already Left the State?
If your ex already moved the child to another state without permission, the legal fight gets more complicated but you still have options. Texas retains jurisdiction over the custody case as long as one parent still lives in Texas. That means a Texas court can still hear your enforcement motion and order the child returned.
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) governs which state has authority over custody disputes. In most cases, the state where the child lived for the six months before the dispute is the “home state” with jurisdiction. If your ex just left recently, Texas is still the home state and has full authority to act.
The longer you wait, the harder this gets. If your child lives in the new state long enough, jurisdiction can shift. Filing quickly preserves your rights and keeps the case in Texas where your attorney knows the courts.
When a Court Will Allow the Move
Not every relocation request gets denied. Texas courts can lift a geographic restriction if the parent requesting the move can show it serves the best interest of the child. Judges weigh factors like:
- The reason for the move (job opportunity, family support, military orders)
- How the move would affect the child’s relationship with the other parent
- Whether a realistic visitation schedule can replace the current one
- The child’s age, school situation, and community ties
- The child’s preference if age 12 or older
A parent with a strong reason and a realistic plan for maintaining the other parent’s access has a better chance of getting the restriction lifted. A parent who announces a move without offering any plan usually does not.
How McCarty-Larson Can Help
If your ex is threatening to move your child out of Texas, Bria Larson and our Texas child relocation lawyers know how to move fast and protect your custody rights.
- Review your custody order and identify the geographic restriction language
- File for a temporary restraining order to stop the move before it happens
- Pursue enforcement and contempt if your ex already violated the order
- Handle interstate jurisdiction issues under the UCCJEA
- Fight relocation requests that would harm your relationship with your child
- Represent parents in family courts across Ellis, Johnson, Tarrant, and Dallas counties
Get Help Today
Every day you wait is a day closer to losing jurisdiction and time with your child. Contact McCarty-Larson, PLLC today at (972) 775-2100 for a free, confidential consultation. Our Texas child custody lawyers are ready to help you protect your rights and your relationship with your child.
Frequently Asked Questions
Can my ex move to another city in Texas without my permission?
It depends on your custody order. If the geographic restriction covers a specific county or school district, moving to another city within that area is usually allowed. Moving outside the restricted area requires your agreement or a court order.
What if my custody order does not have a geographic restriction?
Your ex has more freedom to relocate, but you can still file to modify the custody order if the move would harm your relationship with the child. Texas courts always consider the best interest of the child when evaluating relocation.
Can I call the police if my ex takes my child out of state?
You can, but most police departments treat custody disputes as civil matters unless there is a safety concern. The faster path is filing a motion to enforce or a TRO in family court. Police may assist with a welfare check.
How fast can I get a temporary restraining order in Texas?
Texas family courts can grant a TRO the same day the request is filed in some cases. The TRO is temporary and sets a hearing date, usually within 14 days, where both parents can present their arguments.
Does military relocation work differently for custody in Texas?
Military orders add complexity. Texas courts generally cannot prevent a service member from following orders, but the court can adjust custody and visitation to protect the other parent’s rights during the deployment or reassignment.