Geographic Restrictions in Child Custody Orders

The State of Texas has an interest in providing a stable home life for its children. In many cases, a child custody order will include geographic restrictions limiting where the parent with whom the child lives most of the time can move to. These restrictions are designed to allow the other parent access to the child, to create a stable home environment for the child, and to facilitate effective co-parenting.

Who normally decides where the child should live?

In most divorce or child custody cases, the parents are named Joint Managing Conservators of the child. This does not mean that the child will live with each parent for an equal amount of time. All it means is that the parents will both enjoy the rights of responsibilities of parenting.

One of the parents will be named the primary Joint Managing Conservator. This parent will get to decide where the child lives most of the time. The child will live with the other parent only part-time.

In other cases, the court will appoint one parent the Sole Managing Conservator. That parent will enjoy all of the rights and responsibilities of raising the child, including deciding where the child will live. The other parent may still get visitation with the child.

Types of Restrictions

The divorce decree may include a restriction, limiting where the child’s primary residence can be located. Typical restrictions include:

• A mile radius from the other parent
• The county where the divorce occurred
• A specific city
• The county where the divorce occurred, plus surrounding or "contiguous" counties
• The State of Texas

Other times, the divorce decree may not contain a restriction at all. These restrictions limit where the parent who lives with the child most of the time can relocate to with the child.

Harris and Contiguous Counties The most common type of geographical restriction will restrict the custodial parent to live within the same county as the non-custodial parent or any of the bordering counties or "contiguous counties." For example, "Harris and contiguous counties" would include Harris county, as well as Montgomery county to the north, Waller and Fort Bend counties to the west, Liberty and Chambers counties to the east, as well as Galveston and Brazoria counties to the south.

Challenging or Changing the Restrictions

In some cases, a parent may wish to move in violation of the restrictions, and will seek to change them.

Modifying a child custody order may be necessary if one or both parents decides to relocate. In other cases, there may be no restrictions, and a parent may wish to modify the order to create restrictions. In either case, a suit to modify the order may be necessary.

The court will only modify an order if there has been a “material and substantial change in circumstances” that warrant a modification. A move might be found to be a material and substantial change in circumstances, but it isn’t always. Some factors the court might look at to determine whether this move necessitates a modification include:

• The distance of the move
• Travel arrangements: if it is possible for the child to travel to see the other parent, and if so, who will make the arrangements and pay for them
• The relationship that the child has with each parent, and how this move will affect those relationships
• The reason for the move (and the other parent’s reasons for challenging the move)
• Whether the other parent will still be able to enjoy meaningful access to the child (for example, through instant messaging or video conferencing)

If you are considering moving outside of your geographic restrictions, or your co-parent is planning on moving outside of their restrictions, you should speak to one of our Houston child custody lawyer immediately to help identify your options and work out a solution that is right for your family.

Violations of the Restrictions – Remedies

If one parent violates the geographic restriction, the other parent has option to enforce the child custody order.

The other parent could file an application for a writ of Habeas Corpus. This writ directs the relocating parent – or a peace officer – to bring the child to court.

The other parent might also be held in contempt of court for violating a court order. Contempt carries monetary penalties, and can even result in incarceration.

If you believe that the geographic restrictions in your custody order have been violated, you should talk to an attorney immediately to determine the best course of action.

Wilhite & Lea, P.C. | Houston Family Lawyers

Our Houston family lawyers are ready to listen to your concerns and help you reach solutions that are right for your family. Contact Wilhite & Lea by calling (281) 537-2171 or submit your contact information in our online form. Wilhite & Lea, P.C. handles cases in Houston or surrounding areas, including Harris County, Montgomery County, Washington County, Grimes County, Fort Bend County and Waller County.