Can My Ex Move Out of The Woodlands With Our Kids? Texas Relocation Laws Explained

In most cases, your ex cannot move your child out of The Woodlands or Montgomery County without either your written consent or a judge’s approval. Texas law typically includes geographic restrictions in custody orders. If you're facing a relocation issue, talk to a family law attorney right away.

 

Why Parents in The Woodlands Worry About Relocation

When one parent suddenly says, “I’m thinking about moving,” it’s like dropping a wrench into an already-complicated co-parenting machine.

Even when things are civil, a long-distance move can upend everything:

• School drop-offs become six-hour road trips

• Weeknight dinners disappear

• Parents go from hands-on to virtual check-ins

If you live in The Woodlands, chances are your child’s entire world—school, friends, doctors, grandparents—is based here. So, the thought of losing that consistency (or access to your child) can be overwhelming.

It’s kind of like planting roots and watching someone try to yank them up with no warning.

Most parents just want to stay involved in their child’s life, and Texas courts get that. That’s why relocation—especially outside of Montgomery County—isn’t a decision a parent can make solo. 

Judges prioritize stability and strong relationships with both parents. Any major change needs to pass one key test:

Is it in the child’s best interest?

 

What Texas Law Says About Moving With a Child After Divorce

Under Texas law, when custody orders are put in place, they often include something called a geographic restriction. This is a clause that limits where the child can legally reside.

In Montgomery County, it’s common for this restriction to require that the child must live in:

• Montgomery County itself,

• Contiguous counties (like Harris, Walker, or Liberty),

• Or any area approved by both parents or the court.

If one parent wants to move with the child outside those boundaries—say, to Austin or even out of state—they must either:

1. Get the other parent’s written agreement, or

2. File a petition to modify the custody order and ask the court for permission.

Being the “primary” conservator does not give a parent the automatic right to move. The court wants to maintain both parents' involvement in the child’s life.

Think of it like a shared business—you can’t just move the office across town without consulting your partner.

If there’s no geographic restriction in the order (less common these days), the moving parent might technically have the freedom—but that doesn’t mean the other parent is powerless. They can still go to court and argue that the move harms their relationship with the child and request a restriction be added or even custody be modified.

The bottom line? 

Even when it’s not spelled out in big bold letters, moving without the right legal steps can backfire—fast.

 

What to Do If Your Ex Wants to Move (Or You Do)

So, what happens when the idea of moving shifts from “what if” to “I’m serious”? Whether you’re the one packing boxes or watching someone else load the truck, how you respond next can make all the difference—legally and emotionally.

Let’s break down what each parent should do, step by step.

 

If Your Ex Wants to Move

If your ex announces they’re moving—especially out of The Woodlands or Montgomery County—take it seriously. You have rights.

Start by reviewing your custody order. If there’s a geographic restriction, your ex cannot legally move the child without going to court or getting your written permission.

If you object to the move:

• Talk to a family law attorney immediately

• You can file a motion to enforce the order or request a temporary restraining order (TRO) to block the move

• Prepare documentation: text messages, emails, school records—anything that shows how the move would disrupt parenting time

It’s kind of like seeing construction signs on your street—you don’t wait for the road to close; you find a detour immediately.

If You Want to Move

Thinking about moving yourself? Maybe for a job, a new marriage, or to be closer to family.

Here’s how to do it right:

• Check your custody order. If there’s a restriction, you’ll need the other parent’s written consent or court approval.

• File a petition to modify the order. Be prepared to explain how the move is in your child’s best interest.

• Offer a new parenting plan. Judges appreciate solutions—like virtual visitation, extended summer visits, or covering travel costs.

The key is transparency and legal compliance. Moving first and asking forgiveness later? That can damage your case—and your custody.

Relocation is a big deal—and the courts treat it that way. Whether you’re trying to move or trying to stop one, the key is to act early, follow the legal process, and stay focused on your child’s well-being

 

How Montgomery County Courts Handle Relocation Disputes

Montgomery County judges are cautious when it comes to relocation. Why? Because they know that even well-intentioned moves can disrupt a child’s connection with both parents—and that’s something Texas law tries hard to protect.

Judges will look at several factors before approving a relocation:

• Why is the parent moving? A great job or being closer to family may carry weight. A move to “start fresh” may not.

• How far is the move? Moving to Conroe might fly under the radar. Moving to Chicago? Not so much.

• How will it impact the other parent’s relationship with the child? The bigger the disruption, the more skeptical the court will be.

Think of the judge as a referee—they’re not rooting for either parent; they just want the game played fairly for the kid.

If the moving parent presents a thoughtful, well-documented plan that maintains strong contact with the other parent, the court may consider it. If the move feels rushed, disruptive, or vindictive? That usually works against them.

Also, many courts require mediation before a relocation case is heard. Judges want parents to try working things out first—outside the courtroom.

Bottom line: you’ll get the best outcome by preparing early, being honest about your intentions, and focusing on what helps your child, not just what benefits you.

 

When You Need to Act Fast 

Some relocation cases move slowly—others hit you like a freight train.

If your ex tells you on Friday that they’re moving on Monday, you need to act immediately. Emergency situations like this can catch you off guard, but Texas law gives you tools to respond quickly.

Red flags include:

• You find out your child is suddenly enrolled in a school in another county

• Your ex starts canceling visitations or stops communicating

• You hear secondhand that a move has already happened

In those cases, you can:

• File for a Temporary Restraining Order (TRO) to stop the move

• Request temporary orders to maintain your custody rights

• File a motion to enforce the existing order or modify custody altogether

In Montgomery County, the family courts take relocation violations seriously—especially if one parent acts unilaterally. Judges can order the child returned, hold the offending parent in contempt, and even revisit the custody arrangement.

That’s why it’s critical to have a local attorney who knows the court’s procedures and judges. Every day you wait could weaken your position—or give the other side more time to justify the move.

If you suspect a relocation may happen soon, don’t hesitate. Your rights—and more importantly, your child’s stability—are worth protecting.

 

Final Advice for Parents Facing a Move-Away Dispute

Whether you're the one considering a move or trying to prevent one, the most important thing is to stay focused on your child’s best interests. Not your convenience. Not revenge. Not fear.

That mindset will not only help you in court—it’ll help you communicate better with your co-parent (if possible), and shield your child from unnecessary emotional stress.

Here are a few parting tips:

• Document everything—Keep texts, emails, school records, and any changes to the parenting schedule. If things escalate, you’ll be glad you have it.

• Stay calm and respectful—Even if the other parent is acting emotionally, don’t match their energy. Judges take note of who’s acting responsibly.

• Don’t try to handle it alone—Relocation law is complex, especially when geographic restrictions are involved. Having a lawyer helps you protect your rights and avoid missteps.

• Be proactive—If you’re the one considering a move, bring solutions, not just problems. If you’re opposing one, explain why it’s not in your child’s best interest—backed by facts, not just feelings.

Think of it like co-writing a novel. You can’t just rip out the middle chapters and expect the story to make sense. Big changes need to be handled with care—and collaboration.

Whether your ex is trying to relocate without permission or you’re hoping to move for the right reasons, you deserve legal clarity and peace of mind. Don’t guess. Don’t wait. And definitely don’t try to handle it alone.

Because when it comes to your kids, there’s no room for uncertainty.