The lifting and imposing of a geographic restriction in a Texas Custody Case or Divorce is a complex matter that is at the discretion of a judge or jury. Many factors come into play in regards to the imposing of a geographic restriction, which takes the perspective of the best interest of the child.
Child Custody & Zone of Geographic Location
The zone of the geographic restriction can be great or small, an area, school district, state, or region. The court may impose a halfway point for pick up and drop off, and child support may be varied to take into account the incurred cost to the party for the move. It’s important to know that the amount of visitation that is being used by the other party may be considered with the court, as well as the amount of support being contributed.
The needs of the child and the benefit to the child of the move will be considered at the forefront. The reason for the move is highly relevant too. Moving based on a decision to engage in a long distant relationship will be strongly scrutinized by the court. The court will ultimately look to see if any opportunity that is the basis of the needed move outside the geographic zone is not an opportunity available locally and they will hunt for any evidence that the move is based on parental alienation.
Lifting a Geographic Restriction in Child Custody
In order to lift a geographic restriction, the court may be forced to take the matter up after a lengthy process based on procedure and evidence. Most court orders have a provision to provide notice to the other party of an intended move of the primary residence of the child, which can be challenged by the court as to the imposing of a geographic restriction. In order to prevail on a geographic restriction imposition, one must take care to provide a sound strategy from the start. The sound strategy will likely be based on the factors we provide above, but additional planning on a case is based on the individual factors of each specific case.
For more information on geographic restrictions, call The Barrera Law Firm at (956) 428-2822 or reach out online for a free consultation with an experienced attorney.