Can You Move with Your Child After a Custody Order?
If you’re a parent in Texas with a custody order in place, you might be wondering: Can I move to a new city or even a different part of the state with my child? The answer is often no—unless you have court approval or the other parent’s consent.
Texas courts commonly include geographic restrictions in custody orders. These restrictions are designed to ensure that both parents can remain actively involved in their child’s life, minimizing disruption and maintaining stability. While geographic restrictions serve an important purpose, they can also create challenges if a parent needs to relocate for work, family, or other personal reasons.
This guide breaks down how geographic restrictions on child custody work in Texas, why they exist, what happens if you need to move, and how to request a modification if circumstances change.
What Is a Geographic Restriction?
A geographic restriction is a legal provision in a custody order that limits where a child can live. It ensures that both parents stay close enough to remain actively involved in the child’s upbringing. The restriction is typically placed on the parent with primary custody (the custodial parent) but indirectly affects both parents.
Example of a Geographic Restriction
“A geographic restriction means that you and your child have to live within a certain area, like a specific county or school district, so that both parents can stay involved in the child’s life.”
Where Do These Restrictions Typically Apply?
The most common geographic restriction in Texas is limiting the child’s residence to:
- The county where the divorce or custody case was filed (e.g., Travis County)
- The county and any contiguous (neighboring) counties
- A specific school district (e.g., Austin ISD, Round Rock ISD)
If a restriction is in place, the custodial parent cannot move the child outside the designated area without permission from the court or the other parent.
Why Are Geographic Restrictions Used in Texas?
Texas courts prioritize the best interests of the child when deciding custody arrangements. Geographic restrictions are common because they help:
- Keep both parents involved in the child’s daily life (attending school events, extracurricular activities, medical appointments, etc.).
- Maintain stability by preventing frequent moves that could disrupt schooling and social life.
- Reduce travel burdens for the non-custodial parent, ensuring they can exercise visitation rights without excessive travel.
Example of Why Courts Impose Geographic Restrictions
“The court wants to make sure both parents can be a part of the child’s daily life, like attending school events or extracurricular activities, so they often set a limit on how far you can move with the child.”
Geographic restrictions do not affect the ability of either parent to move personally—but the child must remain within the restricted area unless a modification is approved.
Common Geographic Restrictions in Texas Custody Orders
The restriction typically applies to a county, city, or school district. Here are some common examples:
- Travis County and surrounding counties
- Williamson County and surrounding counties
- Austin ISD or Round Rock ISD
Example of a Geographic Restriction in a Court Order
“For example, the court might say your child has to live in Dallas County or any counties that touch it. This keeps both parents close enough to share parenting duties.”
What Happens If You Want to Move?
If you are the custodial parent and want to relocate outside the geographic restriction, you have two options:
- Get the other parent’s written consent to move outside the restricted area.
- File a request with the court to lift or modify the restriction.
What If You Move Without Permission?
Relocating outside the restricted area without court approval can have serious legal consequences, including:
- Being held in contempt of court
- Losing primary custody
- The court ordering the child to be returned
Example of What Happens When a Parent Wants to Move
“If you get a new job offer or need to move for some reason, you’ll need to either agree with the other parent about the move or ask the court to change the restriction.”
If the non-custodial parent objects to the move, the case will go to court, where the judge will decide whether modifying the restriction is in the child’s best interest.
How Geographic Restrictions Impact the Child
These restrictions exist to protect the child’s stability by ensuring they remain in familiar surroundings—like their school, friends, and community—while keeping both parents engaged in their life.
Example of How Geographic Restrictions Benefit the Child
“Keeping your child in the same area means they won’t have to switch schools or move away from friends, which helps them feel secure and stable.”
While restrictions are designed to promote stability, they can become problematic if a custodial parent needs to move for work, family support, or remarriage.
When Can Geographic Restrictions Be Lifted or Modified?
If your circumstances change significantly, you can request a modification of the geographic restriction. Courts may agree to lift or adjust the restriction if:
- The non-custodial parent is not exercising visitation rights
- The custodial parent has a valid reason for moving (e.g., a job offer, better living situation)
- The move would significantly improve the child’s quality of life
- Both parents agree to the change
How to Request a Modification
To modify a geographic restriction, you must:
- File a motion with the court requesting the change.
- Demonstrate a substantial change in circumstances (e.g., a better job, improved school opportunities for the child).
- Show that the move is in the child’s best interest.
Example of When a Geographic Restriction Might Be Lifted
“If life changes and it no longer makes sense to stay in the restricted area—like if you get a job in another city—the court might allow you to move if it’s in the best interest of the child.”
Final Thoughts: What to Do If a Geographic Restriction Affects You
Geographic restrictions are common in Texas custody cases, and they are designed to ensure both parents have reasonable access to their child. While they provide stability, they can also become a challenge if a parent needs to relocate.
Key Takeaways:
✔ If a geographic restriction applies to you, you cannot move your child outside the restricted area without court approval or the other parent’s written consent.
✔ Moving without permission can result in losing custody or being held in contempt of court.
✔ If you need to move, you can request a modification—but you’ll need to prove it’s in the child’s best interest.
Need Legal Help?
If a geographic restriction is affecting your ability to relocate, or if you want to request a modification, speaking with the Law Office of Nida Pin PLLC can help you understand your rights and options.