In Texas family law, two critical components often emerge as pivotal in custody battles: geographic restrictions and child support. This article highlights the impact of geographic restrictions and child support in Texas family law. It offers clarity for those tackling these issues. We explain the boundaries of geographic restrictions and the details of child support calculations, providing key insights for affected families.
Post-Divorce Mobility and Child Residency in Texas
Your life can change in the blink of an eye, and this is no less true after you’ve been through a family law case. Whether you have court orders from a divorce or Suit Affecting the Parent-Child Relationship (SAPCR), your decisions moving forward have to be based around these court orders.
If you have a child, then it is likely that your ability to pick up and move has been curtailed to a great extent. While the court that issued the orders cannot put a geographic restriction on you (you are an adult, after all), there is likely a geographic restriction on where your child can reside.
As the primary conservator post-divorce, you can move freely, but your child may face geographic limits. In Harris County cases, these often include Harris and adjacent counties.
To move your child, you’ll need your ex-spouse’s agreement. File this with the court for your case record. However, getting an ex-spouse’s approval for relocation isn’t always easy. If they don’t agree, you must file a modification case. Ask a judge to permit moving beyond the area in your Divorce Decree.
Geographic Restrictions and Child Support: Winning a Modification Case
In any modification case, you must prove a significant change in circumstances and that the move benefits your child. Arguing for relocation is challenging, as it involves separating the child from a parent. Texas law emphasizes the importance of a child’s relationship with both parents, making such cases difficult.
To win a case lifting a geographic restriction, demonstrate how you’ll maintain the other parent’s meaningful relationship with your child. If the possessory conservator hasn’t moved and uses their visitation rights, your argument must be strong.
A Former Client’s Story on Their Attempt to Lift a Geographic Restriction
In a notable case last year, our client sought to overturn a geographic restriction set during her 2012 divorce. Residing in Houston post-divorce, she remarried a man who underwent successful cancer treatment in the city. Post-recovery, they planned to relocate to Dallas, his hometown, with her three children from the previous marriage.
The crux of their argument for relocation centered around her new husband’s profession as a licensed pilot. They proposed he would personally fly the children to Houston for weekend visitations with their father, ensuring all transportation costs were covered.
However, the judge deemed this ambitious plan impractical, emphasizing the children’s need for stability and the ex-husband’s consistent role as a dedicated parent. Despite the creativity of their solution, the judge ruled against the relocation, underscoring the complexities and challenges inherent in modifying geographic restrictions in Texas family law.
What if You Violate the Geographic Restriction in the Divorce Decree?
Some parents ignore court orders restricting their child’s post-divorce residence. As primary conservator, your duty is to foster a positive growth environment for your child.
Moving beyond the restricted area without the other parent’s consent risks an enforcement suit against you. The other parent of your child will likely petition the court to enforce the terms of the court orders. A single ruling from a judge can undo all your efforts to move, compelling you and your child to return to your original location
It doesn’t matter where you moved to, how difficult it will be to facilitate the move back or how much money it will cost.
Child Support to be discussed in tomorrow’s blog post from the Law Office of Bryan Fagan, PLLC
Many clients at the Law Office of Bryan Fagan, PLLC ask about child support. It’s a top concern. Are you facing a divorce or adjusting child support? Visit our website tomorrow for detailed insights.
We’ll cover child support issues, preparing you for your case. Have more questions? Contact us anytime. Our licensed attorneys offer free consultations six days a week.
We can discuss whatever questions you have and go over our office’s services to clients across southeast Texas. Thank you for stopping by.
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Other Articles you may be interested in:
- Child Custody Geographic Restrictions in Texas
- Geographic Restrictions in Child Visitation Orders in Texas
- The Dirty Trick of Moving Out of State with the Kids
- Can a Parent remove My Child from the state of Texas or from the County or Country where I am living?
- Children’s Passports and International Travel after Texas Divorce
- Child Custody Basics for Texas Parents Revisited
- Child Custody Basics in Texas
- Joint Managing Conservators in a Child Custody Case in Texas?
- Can I get sole custody of my kid in Texas?
- Sole Managing Conservator in a Child Custody Case in Texas?
- Texas Child Custody Modifications
Law Office of Bryan Fagan, PLLC | Spring Divorce Lawyer
The Law Office of Bryan Fagan, PLLC, routinely handles matters that affect children and families. If you have questions regarding divorce, it’s essential to speak with a Spring, TX Divorce Lawyer right away to protect your rights.
Our divorce lawyers in Spring, TX, are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC, handles Divorce cases in Spring, Texas, Cypress, Spring, Klein, Humble, Kingwood, Tomball, The Woodlands, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County, and Waller County.
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.