Can I Move Out of State With My Kids Under My Texas Custody Order With No Relocation Restriction?
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
I am a mother of two children, and I have sole custody. The father gets visitation rights but does not always exercise it. I want to move with my children out of state. What can I do?
California. And it says I have no restrictions.
Attorney Answer
Since your order has no geographic restriction, you generally have the legal right to move to California with your children without asking the court's permission first, but a few practical steps can help you avoid conflict down the road.
As the parent with sole custody, you typically hold the exclusive right to decide where the children live. When a Texas order does not include a geographic restriction limiting you to a specific county or area, courts generally will not stop you from relocating on that basis alone. That said, the father still has visitation rights under your order, and moving to California will likely make the existing schedule impossible to follow as written, since it was almost certainly built around both of you living near each other.
Because of that, it is wise to notify him in writing before you move, both as a courtesy and because many Texas custody orders require parties to notify the court and the other parent of address changes. Giving notice also opens the door to agreeing on an updated schedule that works with the distance, something like extended time during summer and holidays in exchange for fewer regular weekends, which is a common approach for parents who live far apart.
Keep in mind that even without a restriction in your order, the father could still ask a court to modify custody or access if he believes the move is not in the children's best interest, especially if it significantly affects his ability to see them. Him not always exercising his current visitation does not prevent him from raising concerns about a bigger move, though it may be relevant to how a judge weighs the situation if it ever gets that far.
What to do next:
1. Give the father written notice of your planned move and timeline as soon as you reasonably can. 2. Propose a revised visitation schedule that accounts for the distance. 3. If you can agree, put the new schedule in writing and consider having the court sign off on it to make it enforceable. 4. If he objects or you cannot reach an agreement, talk to a Texas family law attorney before you move to understand your risk.
This is general legal information, not legal advice. A local Texas family law attorney can review your exact order and help you put a durable plan in place before the move.
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Frequently Asked Questions
Do I need a judge's permission to move out of state if there's no restriction in my order?
Generally no, if your order truly has no geographic restriction and you have the right to designate the children's residence, you can typically move without prior court approval. Getting it in writing with the father or the court is still a smart precaution.
Can the father stop the move even though the order doesn't restrict where I live?
He can ask a court to modify custody or the visitation schedule if he believes the move harms the children's best interests, but that is different from having an automatic right to block your move. A judge would need to actually change the order to stop you.
What happens to his visitation schedule once I move?
The existing schedule will likely need to change since it was probably designed for parents living close together. Many Texas families in this situation shift to a long-distance schedule with more extended time in summers and holidays and fewer routine weekends.
