How can I remove the residency restriction on my child custody in Texas?

Texas child custody laws provide residency restrictions that prevent a custodial parent from relocating with a child a certain distance from a non-custodial parent. This prevents a custodial parent from moving out of the country, out of the state, and sometimes out of a county without permission by the court. The premise behind the restriction is that an increased distance would make it inconvenient for the non-custodial parent to visit with the marital child(ren). This inconvenience may prove a hardship where the non-custodial parent does not have the means to travel.

However, there are times when the restriction may be lifted such as with a custodial parent's job relocation, a remarriage where the new spouse must relocate, or where the custodial parent's supporting family and friends live out of state.

If a custodial parent moves without court permission, he or she risks losing custody of the child and may even face jail time.

Removing a Residency Restriction

The purpose of the residency restriction is to allow the child to be have continuous contact with both parents after a divorce.  A custodial parent has the option of relinquishing custody to relocate. However, where a parent wishes to retain primary custodial custody but needs to relocate outside the restricted area, he or she will need to get court permission to take the child outside the restricted area. To obtain court permission, the custodial parent needs to substantiate one or more of the following:

• The move is in the best interests of the child by providing better educational opportunities as well as a more stable home environment
• The reason for the move is a new employment opportunity for the custodial parent which offers a more financially stable home for the child
• The move involves being closer to other immediate family members who can provide parenting support for the custodial parent
• The non-custodial parent has moved out of the county which nullifies the residency restriction or the non-custodial parent has not taken any interest in interacting with the child for.

Talk with an experienced divorce attorney in Texas to discuss residency restrictions in a child custody case.