What is a Geographic Restriction in a Divorce or Child Custody Case in Texas?

by Ricardo Barrera

What is a Geographic Restriction in a Divorce or Custody Case in Texas?

A geographic restriction relating to the residence of children may be imposed by a Court upon request in a divorce or child custody case. Moving a long distance away may be considered a form of parental alienation when it creates a burden on the parent-child relationship. 

The Court will look to the reason for the move as well as the factors surrounding the best interest of the child. It’s important to understand that one may take this question to a jury to resolve if one feels the judge’s initial determination was not in the best interest of the child. 

Legal strategies exist far in advance of a move that can assist in the likelihood that a Court may grant either the imposition of a geographic restriction, the lifting of such restriction, or the avoidance of issues in this area all together. 

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