Legal Question in Family Law in Texas

Presuming you have a residency restriction in your original custody orders (and usually there is a restriction), you need to file a Petition to Modify the Parent-Child Relationship and request the Court's agreement to change the order to allow you to make the move you wish to make. Whether or not the court will allow you to do this depends on a number of different factors and revolve around what is in the best interests of your son.

The court will look at these factors and compare them between the two alternative households (son stays here versus son leaves with you). In addition to reviewing the kind of relationship your son currently has with his dad, how active his dad is in his life, and those sorts of issues, the court will compare what benefits are offered to him in Spain versus here (i.e. family support, good schools, ties to the community, ability to see dad after he moves, etc.).

If you wish to move anytime this year, I'd urge you to file your petition now. If Dad won't agree, you will most likely have to wait for your "day in court," and that if oftentimes months and months away due to the Court's large dockets.

Good luck!