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Legal Information: Texas


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November 5, 2020

If there is a custody order in place, can I take my kids out of the state?

It depends.  Generally, in most states, a parent can take his/her kids out of the state for a brief trip as long as there is no order prohibiting it and so long as it does not interfere with the other parent’s visitation rights.  However, if you are uncertain whether a planned trip may violate your custody order, please consult with a lawyer before leaving.

If you want to permanently move out of state (or move within the state to a distant location that would interfere with the other parent’s visitation schedule), then you may have to return to court to try to modify the order to get permission to move and to change the terms of the court order.  As with any modification of a custody order, in order to get permission to move, you must prove to the judge that moving would be in the best interest of your child.  As with all custody issues, it is probably best to talk to a lawyer about this matter.  Please visit our TX Finding a Lawyer page.