Texas is a large state. Sometimes the end of a marriage or relationship may mean another spouse or parent of the child has dreams of making an abrupt move out of the area where the children reside. This is sometimes considered or justified by the moving parent to be a protective action. Sometimes it’s considered a survival action for family support or better quality of life, but many times, the reason for the move may be that a potential love interest resides in the area. It may be a punitive action against the spouse for a perceived moral violation of the marriage, where the best interests of the child are neglected and not thought of at all.
A Texas Court may impose a geographic restriction on where the children may reside:
- during a divorce,
- after a divorce,
- or where the parties are not married, during a custody/possession & access/child support dispute.
In these cases the Court looks at whether there are reasonable arguments as to why it’s in the best interest of the children to remain in the area and the burden it would otherwise create upon frequent and regular access to the children, which may be essential to their development and support.
Often, Courts will permit a move or dissolve a geographic restriction if the other party uses illegal substances, is intentionally underemployed or non employed, fails to support the children, or is acting out in ways that show the Court their participation in the child’s life is outweighed by the possibility of a better life elsewhere. Several exhaustive factors go into this analysis and oftentimes it comes down to a judge’s or jury’s ruling at the end of the day.
It’s important to know your rights in a Texas Family Law legal matter, call The Barrera Law Firm at 956-428-2822 or contact us online for a free consultation in these matters.
