Life changes after a divorce. A new job in Houston, a remarriage, or a chance to live near family can make a move look like the right step. But if you have a Texas custody order, you may not be free to move your child wherever you want. And if you're the other parent, a move can change your time with your child dramatically.
This article explains geographic restrictions, how relocation works in Texas, and what happens to the visitation schedule when parents live far apart.
What is a geographic restriction?
Most Texas custody orders give one parent the exclusive right to designate the child's primary residence. Very often, that right is limited to a specific area. This is called a geographic restriction (or "geo restriction"). A typical one for a Seguin family might say the child's primary residence must be within Guadalupe County and the counties next to it, which include Bexar, Comal, Caldwell, Gonzales, Wilson and Hays counties.
Some restrictions are tied to a school district or a set number of miles. Others have a built-in exception, such as: the restriction is lifted if the other parent moves out of the area.
The restriction limits where the child's primary residence can be. It usually doesn't stop the parent from moving personally, but the parent can't take the child's primary home outside the area without a court order or the other parent's written agreement that is made into an order.
Read your order first
Before you plan a move, find your final decree or custody order and look for:
- The exact geographic area allowed.
- Any condition that lifts the restriction.
- Notice requirements. Texas orders typically require a parent who intends to change residence to give the other parent advance written notice, often 60 days, or notice no later than the fifth day after learning of the move if 60 days isn't possible.
If your order has no geographic restriction, the parent with the right to decide primary residence may be able to move the child without court permission, though notice rules still apply and the other parent may file a modification case.
Moving the child out of the restricted area without permission can lead to an enforcement action and can seriously hurt you in any later custody hearing. Talk to a lawyer before you sign a lease or accept a job.
Options if you want to move
1. Get the other parent's agreement
The simplest path is an agreement. You and the other parent can agree to modify the order, often along with a new possession schedule that accounts for travel and who pays for it. The agreement should be signed and filed with the court as an agreed modification order. A side agreement or text message is not enough.
2. File a modification to lift or change the restriction
If the other parent won't agree, you can file a petition to modify. You'll generally need to show a material and substantial change in circumstances since the last order and that the change is in the child's best interest. See modifying custody in Texas.
Texas doesn't have a single relocation statute with a checklist. Courts look at the child's best interest and have considered things like:
- The reasons for the move and the reasons for opposing it.
- Educational, health and leisure opportunities for the child.
- Whether the move would improve the child's life, including through better income or family support.
- The effect on extended family relationships.
- The child's relationship with the parent who would be left behind and whether it can be preserved with a new schedule.
- The child's own wishes, especially for an older child.
- Each parent's good faith.
A judge may deny the move, approve it, or even change which parent has primary residence if the moving parent goes anyway.
If the other parent wants to move
If you receive notice that the other parent plans to relocate with your child, act quickly. You can:
- Check whether the move violates the geographic restriction.
- File an objection or a modification asking the court to keep the child in the area or to name you as the parent with primary residence.
- Ask for temporary orders to keep the child in place while the case is pending.
Waiting until after the move makes things harder, because the child may already be enrolled in a new school and settling in.
How visitation changes over 100 miles
Under the Texas Standard Possession Order, when parents live more than 100 miles apart:
| Issue | Within 100 miles | Over 100 miles |
|---|---|---|
| Weekends | 1st, 3rd and 5th weekends | 1st, 3rd and 5th weekends, or one weekend a month of the parent's choice with notice |
| Thursday visits | Yes, during the school year | No |
| Spring break | Alternating years | Every year |
| Summer | 30 days | 42 days |
Long-distance orders also often address transportation: who drives, where exchanges happen, whether flights are allowed, and who pays travel costs. Some parents agree to meet halfway. Travel expenses can sometimes be considered when setting child support.
Use our possession order calendar to see how the schedule plays out.
Moving within the area
Even a move from Seguin to Schertz or New Braunfels can affect school enrollment, exchange locations and the Expanded Standard Possession Order, which depends on how far apart parents live. Give proper notice, update your address with the court if your order requires it, and talk with the other parent about practical changes.
Military families
Military moves are common in the Guadalupe County area because of nearby bases. Texas law has special provisions for military parents who are deployed or reassigned, including designating a family member to exercise visitation. If you're in the service, mention your status to your lawyer early.
Whether you're hoping to move or trying to keep your child close, Attorney Jesus R. Lopez can review your order and explain your options. Learn more on our modification and enforcement page.
Frequently asked questions
Can I move out of Guadalupe County with my child after a divorce?
It depends on your order. If it has a geographic restriction, you'll need the other parent's agreement made into a court order, or a court order lifting the restriction, before moving the child's primary residence outside the allowed area.
How much notice do I have to give before moving?
Most Texas orders require written notice to the other parent, often 60 days before the move, or within a short time after you learn of it if that isn't possible. Check the exact wording of your order.
What happens to visitation if we live over 100 miles apart?
Under the standard schedule, the other parent can choose weekends differently, loses Thursday visits, gets spring break every year, and gets 42 days in the summer instead of 30.
Can a new job be a reason to lift a geographic restriction?
It can be part of the case. The court will weigh the benefits of the move against the effect on the child's relationship with the other parent and other best-interest factors.
Have questions about your situation? Talk with a Seguin child custody lawyer. Consultations are free, by phone or in person, in English or Spanish.
Related guides
This article is general information about Texas law, not legal advice for your situation. Laws change, and every case is different.