Geographic Residence Restrictions
In most cases, the court will put a restriction on where the child can live when the parents are appointed Joint Managing Conservators and one parent has been granted the exclusive right to determine the child's primary residence. If the child and both parents currently live in Harris County, for example, the judge may restrict the child's residence to Harris County or contiguous counties — Brazoria, Harris, or Chambers.
Why Geographic Restrictions Exist
The purpose of a geographic restriction is to make sure that the child is able to continue seeing and spending time with both parents. If one parent moves to Chicago with the child, the parent in Houston would rarely see the child and could not attend the child's activities. The restriction is not used if the other parent does not regularly see the child, has already moved far away, or is deemed unfit.
Geographic restrictions range from as small as a specific school district (e.g., Dickinson ISD) to as large as the entire State of Texas.
The "Other Parent Moves First" Exception
Nearly every geographic restriction includes a provision that removes the restriction if the other parent moves out of the restricted area first. If an order restricts the child to Harris County but the parent who does not have primary custody moves to another state, the restriction automatically lifts.
Move-Away Cases
When a parent who has primary custody wants to move the child outside the restricted area, a contested "move-away" case may result. These cases are expensive and hard-fought. Courts evaluate many factors including the reason for the move, the impact on the child's relationship with the other parent, and whether a modified possession schedule could adequately preserve that relationship.
Most judges do not allow one parent to move away with the child if the other parent regularly exercises visitation and is a good, involved parent. The parent seeking to move usually bears the burden of proving the move is in the child's best interest.
Thinking about relocating? Moving the child outside the restricted area without court approval — or without the other parent's agreement — violates the court order and can have serious legal consequences, including loss of primary custody.