By Texas Family Law Attorney, Doug Wright
There is a presumption in our State law that in a custody order the court will require that the child/children’s residence be restricted to a geographic area. The courts typically restrict the area to the county where the order is entered and it’s contiguous counties. If one of the parties later seeks to have the residence restriction lifted the case law suggest that there are certain factors that the court should consider.
- The distance involved;
- The quality of the relationship between the non-custodial parent and the child;
- The nature and quantity of the child’s contact with the non-custodial parent, both de jure and de facto;
- Whether the relocation would deprive the non-custodial parent of regular and meaningful access to the children;
- The impact of the move on the quantity and quality of the child’s future contact with the non-custodial parent;
- The motive for the move;
- The motive for opposing the move;
- The feasibility of preserving the relationship between the non-custodial parent and the child through suitable visitation arrangements; and
- The proximity, availability, and safety of travel arrangements.
The answers to these factor could determine whether or not the Court allows relocation with the child/children.