What are my rights to stay in Texas with my son after separation?

Full question:

My husband and I separated in January, and WITH his consent, my 15-month old son and I moved to Texas. We got married in Texas, and Texas was my home of residency when I joined the navy. However, my son was born in Florida and that is where we lived for 8-months after I got out of the Navy. Now, my husband wants me to move back to Florida and I have already established a life here in Texas. What are my legal rights to stay in Texas with my son?

• Category: Divorce
• Subcategory: Child Custody
• Date: 04/07/2025
• State: Texas

Answer:

As biological parents, you and your husband have the right to make decisions about your child, including education and healthcare. If you are married and both listed on the birth certificate, you do not need a legal agreement to make these decisions. However, if there is a disagreement, courts can intervene.

Custody issues are usually outlined in a separation agreement or custody order if a divorce is filed. If one parent wants to relocate, it can complicate matters, especially if the other parent objects. Generally, if the custodial parent wants to move and there’s no court order preventing it, they can do so unless it’s intended to deprive the other parent of access to the child.

If your husband protests your move, the court will consider several factors to determine if you can stay in Texas with your son, including:

• Whether the move benefits the child's education or community.
• The motives behind your move and your husband's objection.
• Whether your husband can maintain significant contact with your child.
• The nature of your husband's current involvement with your child.
• The impact on your child's relationships with family and their cultural environment.

The court's primary concern will be the best interests of the child, based on the specific facts of your situation.