The New Year often brings big life changes—a new job, a fresh start, and sometimes, a whole new address. If you’re a divorced Texas resident with a child custody order, relocating can feel exciting, but also daunting. The thought of moving may bring up questions about your current custody agreement, especially regarding the geographic restrictions often placed on the children’s residence. Whether across the county or across the state, it impacts your existing Texas child custody orders.
Understanding the Geographic Restriction in Texas
Most Texas custody orders include a "geographic restriction" (sometimes called a domicile restriction). This provision limits where the custodial parent can establish the children's residence, often to a specific county (or contiguous counties).
The key is to check your specific order.
If you plan to move outside the restricted area, you must either:
Get the written, notarized agreement of the other parent.
Get approval from the court by filing a Petition to Modify.
If your order has no restriction, the primary conservator can generally move the children without court approval. However, you are still required to provide the other parent with notice of the new address.
It is crucial to understand that simply moving without permission when a restriction exists is a violation of a court order and can have serious legal consequences.
When a Modification is Necessary
If your move requires modifying the geographic restriction, or if the change in distance fundamentally alters the existing possession schedule, you will need to file a Petition to Modify the Parent-Child Relationship.
The court's primary consideration in any modification case is the best interest of the child. When evaluating a request to move, a judge will look at factors such as:
The reasons for the move: Is it for a better job, better schools, or closer family support?
The quality of life in the new location: Will the child's educational, social, and emotional needs be better met?
How the move will affect the relationship with the non-moving parent: Is a reasonable alternative visitation schedule proposed?
The court does not automatically approve or deny every relocation request; each case is unique and depends heavily on the specific facts and evidence presented.
Adjusting the Possession Schedule
Even if the move is approved or falls within the guidelines, a significant distance change often makes the standard possession order (SPO) impractical.
For example, a standard weekend schedule is nearly impossible if parents live 300 miles apart. In these cases, the order must be modified to include a long-distance possession schedule. This usually involves:
Swapping the typical weekend visits for extended periods during summer break and holidays.
Dividing up school breaks (like Thanksgiving and Spring Break) differently.
Establishing clear travel and transportation provisions.
The goal is always to find a schedule that maximizes the child's time with both parents while accounting for the realities of the distance.
A Professional Partner for Your Transition
Relocation cases are complex and emotionally charged. A smooth transition requires navigating Texas family law with precision and care. Whether you are the parent seeking to move or the parent opposed to the move, securing experienced legal counsel is the most important step you can take to protect your rights and your child's best interests.
As you plan for your "New Year, New Home," ensure your custody agreement keeps pace with your life. Contact The Pollard Firm, PLLC today for guidance on geographic restrictions, modification petitions, and long-distance possession schedules.
Call us at (832) 864-9296 to schedule a consultation and discuss your specific circumstances.