Only If Your Court Order Allows It

One of the most common questions parents ask after a divorce is whether they are free to move with their child to another city, county, or state.

The answer is usually only if your court order permits it.

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In most Texas custody cases, the parent with the exclusive right to designate the child’s primary residence does not have unlimited authority to relocate. That right is frequently limited by a geographic restriction contained in the Final Decree of Divorce or Final Order in Suit Affecting the Parent-Child Relationship.

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Before making plans to relocate, it is important to carefully review your court order. Moving outside the area authorized by the order without the consent of the other parent or permission from the court can result in enforcement proceedings, contempt, and modification litigation.

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What Is a Geographic Restriction?

A geographic restriction limits the area in which the child’s primary residence may be established.

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Rather than allowing one parent to move anywhere, the court often requires that the child reside within a specified county, a group of contiguous counties, or another defined geographic area.

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The purpose of the restriction is to preserve the child’s relationship with both parents. Texas public policy favors assuring that children have frequent and continuing contact with parents who have shown the ability to act in the child’s best interest. See Tex. Fam. Code § 153.001.

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Likewise, when one parent receives the exclusive right to designate the child’s primary residence under Tex. Fam. Code § 153.133, courts frequently impose a geographic restriction so that the other parent can continue exercising regular possession and remain actively involved in the child’s daily life.

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Having the Right to Designate the Child’s Primary Residence Does Not Mean You Can Move Anywhere

Many parents mistakenly believe that being awarded the exclusive right to designate the child’s primary residence allows them to relocate wherever they choose.

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That is generally not the case.

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The right to designate the child’s primary residence and the geographic restriction work together. One parent decides where within the restricted area the child will live, but that parent usually cannot move the child outside the restricted area without further agreement or court approval.

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For example, if the geographic restriction limits the child’s residence to Williamson County and contiguous counties, the parent may generally choose any residence within that area. Moving to Dallas, Houston, Colorado, or another state would ordinarily require additional legal authority.

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Parents Can Agree to a Larger Geographic Area

Not every custody order contains the same geographic restriction.

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Parents are free to negotiate a restriction that fits their family’s circumstances, and many do.

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For example, parents may agree that the child may reside anywhere within Central Texas, anywhere within a larger group of counties, anywhere in Texas, or even within another agreed geographic area. In some families, a broader restriction makes sense because of employment opportunities, military service, extended family, or the distance between the parents’ homes.

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As long as the agreement serves the child’s best interest and is approved by the court, the parties often have considerable flexibility in defining the geographic restriction that will govern after the divorce.

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What If I Want to Move Outside the Geographic Restriction?

If your proposed move falls outside the area authorized by your court order, you generally have two options.

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The first is to obtain the written agreement of the other parent and have that agreement incorporated into an appropriate court order if necessary.

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The second is to file a petition to modify the existing custody order and ask the court to remove or expand the geographic restriction.

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A court will not automatically approve a relocation simply because a parent has received a new job, wants to be closer to relatives, or prefers another city. Instead, the court must determine whether modifying the geographic restriction is in the best interest of the child under Chapter 156 of the Texas Family Code.

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Courts Carefully Scrutinize Relocation Requests

Relocation cases are among the most challenging modification cases in Texas family law.

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Removing a geographic restriction often affects the child’s relationship with the other parent, extended family, school, extracurricular activities, and community. Because Texas law encourages children to maintain frequent and continuing contact with both parents, courts carefully examine whether a proposed move would strengthen or weaken those relationships.

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Judges are generally reluctant to remove geographic restrictions unless the evidence demonstrates that doing so is in the child’s best interest. Every relocation case depends upon its unique facts, and no single factor determines the outcome.

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Fergus & Tomanka Can Help With Relocation Issues

Whether you are considering a move, negotiating a geographic restriction during your divorce, or seeking to modify an existing custody order, it is important to understand what your court order permits before relocating.

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At Fergus & Tomanka, we regularly represent parents in relocation disputes, geographic restriction modifications, custody proceedings, and post-divorce modifications throughout Central Texas. We can review your existing order, explain your legal options, and help you determine whether court approval is necessary before moving with your child.