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Do I Have to Tell My Ex-Spouse that I Am Moving?


If you and your ex share no children, your only obligation to them post-divorce is living up to your end of the responsibilities as set forth by the court. If you share minor children, however, it is a different matter. If you are the primary custodial parent and you plan on moving somewhere that is more than 100 miles away, you not only have to tell your ex, but you’ll also need to obtain a child custody modification from the court. If you’re considering a move, an experienced San Antonio Family lawyer can help.

The Best Interests of Your Children

When your divorce was finalized, or you obtained a parenting time schedule outside of marriage and divorce, you either worked the terms out between yourselves or the court set them for you. When Texas courts make decisions that directly affect children, they always prioritize the best interests of those children. And if you’re planning on changing the terms – such as by making a significant move with your kids – the matter will need to be reevaluated.

To obtain a child custody modification involving a move of over 100 miles, you’ll need to demonstrate that it’s in the best interests of your shared children. Examples include:

  • The move is for a higher-paying job that will allow you to provide your children with greater opportunities.
  • The move is closer to immediate family members who can help with childcare and enrich your children’s lives.
  • The move will afford your children enhanced educational opportunities.
  • The move is to an area with a lower cost of living, which will allow you to afford more in terms of what you can provide for your children.
  • The move addresses one of your children’s special needs, such as being near a specific medical facility in relation to health concerns or being near a specific school in relation to educational concerns.

Understand the Court’s Position

The court is fully invested in protecting the best interests of your children, and they start from the position that they are better off when they’re able to spend more time with both parents. If the move you’re proposing seriously cuts into your ex’s ability to see the kids, you’ll face considerable hurdles. Demonstrating your willingness to work with your ex to support their close, ongoing relationship with your shared children, as well as showing the court the degree to which the move supports your children’s best interests can, however, work in your favor.

An Experienced San Antonio Family Lawyer Is Standing by to Help

If you need to make a move of more than 100 miles, the trusted San Antonio family lawyers at Hoelscher Gebbia Cepeda have a long and impressive track record of helping clients like you obtain child custody modifications that allow them to do what’s best for their children. We’re here for you, too, so please don’t wait to contact or call us at 210-222-9132 today.