My ex-spouse exercises visitation with my kids , but I want to move with them to another state. Can I go?

In the vast majority of states the answer is no, you may not go.

When you refer to the parties children as “my kids” you’re implying that your ex-spouse does not have kids. Children have and deserve two parents. Frequently one parent feels that they are the better parent and therefore, they marginalize the other parent’s role.

Study after study after study has shown that children who have frequent and continuing contact with both parents do best after divorce. Study after study after study has shown that children that are raised by one spouse do not do very well in the future. Therefore, most states have enacted laws that either limit the ability of the custodial parent to move, or provide that the judge may restrict the geographical residence of the child.

In Texas, frequently the geographical restriction is limited to the county where the parties are getting divorced or an adjacent county if it is close by. In some of the larger cities where transportation can be extremely difficult during rush hour, many of the courts are restricting the geographical residence of the child to a particular quadrant of the city.

Probably the most important thing that you can do to benefit your children after divorce is to remember that your child has a right to two parents and you have a duty as a parent to see that the other parent is actively involved in the day-to-day life of the parties’ child.

John K. Grubb practices family law in Houston. He has a BBA, MBA, and a JD Degree. John K. Grubb focuses a significant part of his family law practice on helping couples create premarital and prenuptial agreements in Texas.