Can I Move Out with My Child Before Divorce in Texas?

Divorce is an emotionally charged, legally complex, and physically exhausting process. In addition to communicating with a potentially estranged partner, you need to worry about a slew of factors, including asset division, court arrangements, and possible restraining orders in the worst-case scenarios. 

The process is more complex when children are involved. Some people remain in their partner’s home with their child during divorce proceedings for fear of moving out. Here at Balekian Hayes, PLLC, our divorce attorneys are sympathetic. Not only would moving out likely cause heightened tensions, but Texas law on the topic can also feel confusing and overwhelming. 

Let us help. If you need to consider moving out with your child during a divorce, here is what you should know. 

Legal Considerations

As you might suspect, the decision to leave your home during a divorce becomes much more legally complicated when a child is involved. Texas courts operate according to the “Best Interests of the Child” doctrine, meaning they will always consider the child’s emotional and physical well-being first when making conservatorship decisions. 

Your decision to move out with your child could impact your claims to custody further down the road. For instance, if you move out without the other parent’s consent, the court could consider your move to be an attempt to alienate your ex from your child at best and interference with child custody at worst, despite your best intentions. 

Additionally, the court generally views the status quo as the best possible living situation for children unless there is evidence to the contrary. Retaining the child’s pre-divorce living situation usually offers stability for the child during traumatic divorce proceedings. 

Financial Implications 

If you move out with your child during a divorce, especially without consent from the other parent or a court order, you could run into serious financial implications. For instance, when you and your ex are finalizing your division of assets, your decision to move out prematurely could signal to the court that you are willing to abandon your property. If you do not dispel this misconception, your ex and their legal team could use it as leverage to try to retain the marital home. 

Temporary Orders

If you need to move out but are concerned about the impact on your custody or financial arrangements, you can seek temporary orders from the court. These orders establish interim rules that govern child custody, visitation, and support during divorce proceedings. Under these rules, you can seek to outline a legally sanctioned option to move out of your old home with your child so you don’t run afoul of the law or harm your position in the upcoming divorce. 

Contact an experienced divorce attorney in Dallas if you need legal advice or guidance on obtaining one of these orders from the court. 

Strategies for Living with Your Ex

If you decide against moving out, here are some strategies to help you cope while you finalize proceedings:

• Set Boundaries: When sharing a home with your ex, you must set boundaries regarding chores and errands, shared physical spaces, conversation topics, and other interactions. These boundaries will help prevent misunderstandings and conflicts.

• Practice Clear Communication: When discussing your children, household responsibilities, and financial obligations, practice clear and respectful communication, free as far as possible of accusations and pettiness. Minimizing misunderstandings will strengthen your case for equitable custody arrangements down the line. 

• Create Separate Spaces: Distinct living areas for both partners can help reduce tension and provide a sense of privacy, which will help you maintain your mental and emotional well-being.  

• Establish Household Rules: When both you and your partner know who takes care of the chores on which day, what the shared spaces look like, and how both parties will interact with the children, you’ll create a sense of order and predictability that will benefit you and your kids. 

How to Co-Parent with a Toxic Ex

During divorce proceedings, the prospect of co-parenting can feel emotionally and physically challenging, even if both partners want the best for each other and for their children after the divorce. However, if your partner exhibits toxic traits that put you and your child in an uncomfortable or dangerous situation, here are some guidelines to remember. 

• Use Neutral Communication Tools: Try to keep your communication as indirect as possible to eliminate any possible power dynamic. Neutral and remote communication tools, such as email and co-parenting apps, can help reduce the potential for conflict and keep you as safe as possible. 

• Strategic Planning: Work with a third party, such as a compassionate and experienced divorce attorney, to develop a plan for moving out and addressing custody arrangements. 

• Focus on the Children: Always make decisions based on the best interests of your child, even if it means making concessions with your ex. Not only will this give your children some semblance of stability in this tumultuous time, but your decision-making process will also demonstrate your willingness to sacrifice for your child—which will help you during custody arrangements. 

The Emotional Impact on Children

Whether you decide to move out or stay in the marital home, divorce can stress your children out, and the younger they are, the less they will understand. Moving out before a finalized divorce can add to their confusion and feelings of overwhelm. 

If you decide to move out, explain the situation in age-appropriate terms. Reassure them that both parents love them and the separation is not their fault. We strongly recommend looking into professional guidance for your child, as trained specialists can help them process their emotions and let them feel heard.  

Protecting the Best Interests of Your Child

Divorce is never easy, especially when children are involved. You need someone to shoulder some of the burden and guide you through getting a divorce in Dallas. 

Let our compassionate and seasoned family law attorneys at Balekian Hayes, PLLC, help you and your family. We have guided many couples through challenging divorce and child custody situations. 

Call us at 214-828-2800 or fill out our online contact form to get in touch. Let us take care of the legalities so you can focus on raising your child.