Legal Question in Family Law in Texas

While Texas prefers geographic restrictions to keep moms and dads close to the children post-divorce, until you actually file for a divorce you are not under any orders to stay here in Texas. As such, you can move anywhere you want - with or without the children.

However, if you've lived here for the past 6 months, you will be stuck with the fact that "jurisdiction" over your children will truly lie here in Texas. In other words, if you did move, it would take you another 6 months to establish the new jurisdiction in another state.

Therefore, if you are forced to file here because of that fact, simply bring up the issue of your relocation request, and the circumstances around it, and petition the court to make temporary orders without regard to a geographic restriction. Ultimately, the court will do what is in the best interests of the children - whether that's a geographic restriction or placement with you or mom, the court is most concerned with the well-being of the kids, not the adults, who are mature enough to take care of themselves.

Hope that helped. Feel free to call me if you have any additional questions or concerns.