Geographical Restrictions and Child Custody in Texas

One of the more complicated aspects of Texas child custody cases that child custody attorneys work with their clients to resolve is geographical restrictions and how it applies to custody orders.

Child custody lawyers find this to become a problem when parents wish or need to move, which is when restrictions in the custody order become a problem.

What can parents do about it when moving becomes a question?

Child custody law firms become essential partners in finding the best resolution.

What Are Geographical Restrictions In Child Custody Orders?

Geographical restrictions are a declaration in a child custody order that restricts where the children must live.

These restrictions may state that residence must be within a specific Texas county, surrounding counties, or within the state itself, a restriction that limits the parent with possession from moving outside of those areas.

Though child custody lawyers advise their clients that the purpose of these restrictions is to ensure that the child is able to maintain a relationship with both parents, times do arise when they become impractical or impossible to follow.

In these cases, parents should enlist the help of their child custody law firm to discuss the options and how to resolve problems due to geographical restrictions.

What Happens When A Parent With A Geographical Restriction Needs To Move?

When a parent with possession of a child wishes or needs to move outside of the geographical restriction stated in their custody agreement, the first factor that child custody attorneys will look into is conservatorship.

A parent with sole conservatorship in Texas has the right to move the child anywhere, including out of state, where Texas child custody orders are fully enforceable.

Yet in cases where there is a joint conservatorship, as it is in most Texas custody orders, child custody lawyers warn that the parent with possession may not move with the child outside the geographical restriction.

The case must be referred back to the family court for resolution.

Can Custody Orders Be Modified To Address Geographical Restriction Issues?/h2>

When the parent with possession in a joint conservatorship wishes to relocate outside of the geographical restrictions of their custody agreement, they should partner with their custody law firm to petition for a legal modification of the custody order.

In a best-case scenario, both parents will agree to the move and this can be presented, along with the reasons for the move, to the court as a request to have the custody agreement officially modified.

If the other parent does not agree, parents with possession and their child custody attorney must present a valid case to the court as to why they should be allowed to make the move with the child to convince the court that it is in the child’s best interest.

In all cases, the court has the responsibility to act in accordance with what is best for the child.

Considering this and that a petition to move outside of geographical restrictions could end up affecting other parts of the agreement, it is essential to work with a child custody lawyer who can best represent the parent requesting the modification and help them present a highly convincing case to the family court.

Contact A Child Custody Law Firm To Address Problems with Geographical Restrictions

The geographical restrictions included in child custody orders may be fine when parents initially divorce; however, over time such orders could cause problems.

Parents who need to relocate outside of those restrictions should contact a child custody law firm immediately to discuss their situation and explore their available options.

With the assistance of a skilled child custody attorney, custody modifications that address the need to move outside of geographical restrictions may be achievable.