Relocation and Move-Aways
Geographic restrictions and what it takes to lift one.
Does the child get to choose?
Not exactly, and the difference matters. On the application of a party, the court shall interview a child 12 or older in chambers about conservatorship or about who determines primary residence, and may interview a younger child (Tex. Fam. Code § 153.009). The judge hears the child's wishes. The judge is not bound by them.
Where a child's stated preference does carry independent weight is modification: a child 12 or older expressing a preference to the court in chambers is one of the statutory grounds for modifying conservatorship (Tex. Fam. Code § 156.101).
How This Plays Out in Practice
Geographic restrictions and what it takes to lift one. The specifics turn on facts — the length of the marriage, what is in the estate, whether children are involved, and how much the two of you still agree on. What does not change is the framework: Texas courts apply the Family Code, and the outcome follows from how your facts meet it.
Lisa G. Garza handles these matters from the firm's Dallas and McKinney offices, for families throughout North Texas.
Questions
Can I stop visitation if my ex is behind on child support?
No, and doing so puts you in violation of the order. Texas Family Code § 153.001(b) forbids a court from conditioning a conservator's right to possession or access on the payment of child support. The two obligations are enforced separately. Unpaid support is addressed through an enforcement action, not by withholding the child.
What does it take to change a custody order?
Under Texas Family Code § 156.101, modification requires that the change be in the child's best interest plus one of several grounds: a material and substantial change in circumstances since the order was rendered, a child 12 or older telling the court in chambers who they want to determine primary residence, or the conservator with that right having voluntarily relinquished primary care for at least six months.
What is a standard possession order?
It is the possession schedule set out in Subchapter F of Chapter 153. Texas Family Code § 153.252 creates a rebuttable presumption that it provides reasonable minimum possession for a parent named possessory conservator or joint managing conservator and is in the child's best interest. Section 153.316 sets general terms that apply regardless of how far apart the parents live.
Does Texas favor mothers in custody cases?
No. Texas Family Code § 153.003 prohibits the court from considering the sex of a parent or the child in determining conservatorship. The governing standard is the best interest of the child under § 153.002, and § 153.131 creates a rebuttable presumption that appointing both parents joint managing conservators serves that interest.