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Custody and Relocation

By: Rachel Smith

If you have primary custody of your children and get a job opportunity across the country, will you be able to go? Maybe not. If you have primary custody of your children, then usually you will not be able to move away because it will deprive your children of regular access to the other parent.

A Texas Family Court judge will usually prevent relocation by establishing a geographic area where the primary conservator must maintain the child’s residence. That geographic restriction is often limited to Harris County, or to Harris and contiguous counties. Sometimes a specific school district will establish the geographic boundaries for the child’s residence. Once the geographic restriction is established by a final court order, if the primary parent wants to move, it is necessary to go back to the court to have it lifted or changed. If the non-primary parent moves outside the geographic area designated by the court, then the restriction goes away automatically. However, it is also possible for parents to agree to a geographic restriction or even agree to no geographic restriction.

If you are living through the challenges of a divorce, a  divorce lawyer of Holmes, Diggs & Sadler can explain some of the complexities of child custody negotiations as well as help you understand what you should expect as the separation progresses.  Contact us at (713) 802-1777 for more information.

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