Can I prevent my ex from moving out-of-state?

Yes, you may well be able to restrict just how far away your spouse moves.  In order to encourage visitation with the non-custodial parent the primary custodian is often times restricted to a specific geographical region.  Some of the more common restrictions are:

(1) mile limitation – say 100 miles;
(2) The County of the Suit;
(3) The County of Suit and “contiguous” or “adjoining” counties;
(4) The entire State of Texas; or,
(5) A specific city.

For example, in the Austin, Texas area, a common geographical restriction that courts might impose upon the primary conservator might be “Travis County or any county adjoining Travis County.”  If this provision were part of your divorce decree it would mean that you could relocate to any home within Travis County, or any county surrounding Travis County.

In determining whether the move is justified, in addition to the “best interests” of the child (something which is always takes into consideration), the Court will look to:

(1) The distance of the proposed move;
(2) The proximity, availability and safety of travel arrangements.
(3) The quality of the relationship between the non-primary parent and child;
(4) The nature and quantity of the child’s contact with the non-primary conservator;
(5) The possibility that the relation would deprive the non-primary conservator of regular and meaningful access to the child;
(6) The impact of the move on the quantity and quality of the child’s future contact with the non-primary conservator;
(7) The motive for the proposed move (or opposing the move); and,
(8) The feasibility of preserving the relationship between the non-primary conservator and the child through suitable visitation arrangements.