Maybe yes, maybe no. Texas law recognizes that the public policy of this state is to encourage frequent and continuous contact with both parents, as long as the parents have shown an ability to act in the best interests of the child.
However, there is no bright-line rule regarding which circumstances would cause a judge or a jury to allow a parent to move with the child. (You have the right to have a jury decide whether you can move with your child.) Several factors that a judge or jury would take into account when deciding whether you will be allowed to move with your child include:
Keep in mind that if you are planning to move, you must follow your divorce decree to the letter. If your divorce decree requires you to give notice to the other parent that you are planning a move, make sure you give that notice as ordered in the decree. If your divorce decree restricts the child’s residence to a particular county, you must file a motion with the court before you move and request that the court lift the residency restriction temporarily and permanently.
Anita K. Cutrer is a partner with Denton, Hoppes & Cutrer in Bedford. She was named as one of the Top Attorneys in Family Law for 2002 in Fort Worth, Texas magazine.