In Texas, most courts will order a geographic restriction as part of any child custody proceeding.  One parent is often awarded the exclusive right to designate the child’s primary residence.  A geographic restriction limits the child’s primary residence to a designated area. In cases where neither parent is given the right to designate the primary residence, the geographic restriction limits where both parents can live with the child.

Why do we have Geographic Restrictions?

The public policy of the State of Texas is to assure that children have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child.  Courts should encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved their marriage.

A geographic restriction prevents custodial parents from moving the child outside a particular area without agreement from the noncustodial parent or a court order.  In some cases, neither parent is awarded the right to designate the primary residence, and the parties need guidance on where the child will live.  A geographic restriction will provide parents with that guidance.

How big is the Geographically Restricted Area?

Each court handles geographic restrictions slightly differently, and the size of the geographic restriction varies.  In Collin County, judges will often order restrictions that read, “Collin County and counties contiguous to Collin County.”  A restriction worded that way would allow the custodial parent to move the child’s primary residence anywhere within Collin County or a county contiguous to Collin County, but not outside of that area.  Sometimes judges will restrict the residence to only the county.

If you go to court, you may not have as much flexibility in determining your specific geographic restriction.  We encourage parties to work together to negotiate geographic restrictions that will fit their unique needs.  You should work with your attorney to find a geographic restriction that works for you.  Do not feel bound by broad county restrictions.  If you are negotiating a settlement, you can tailor a geographic restriction based on a specific intersection, school districts, or other landmarks. You can use city boundaries, a radius based on a specific point, or boundaries drawn on a map.

Keep in mind that your possession schedule will also impact your geographic restriction.  A 50/50 possession schedule will require a much narrower geographic restriction because it is in the child’s best interest to limit long drive times.  Even with an expanded standard possession order, the further apart the parents live, the harder it is on everyone for exchanges.  You should consider how long it will take for the child to get to school or daycare, extracurricular activities, and how far apart the parents’ residences will be.

Is my Geographic Restriction permanent? 

Yes and No.  The geographic restriction is in effect until one the following: 1) written agreement between the parents or 2) court order.  If a parent wishes to move the child outside the geographically restricted area, he or she will have to get permission from the other parent in writing.

If the parties cannot agree, the parent wishing to move the child will have to file to modify the order that includes the geographic restriction.  The likelihood of winning a modification will depend on the facts of your situation.  Several factors affect whether a court will order a modification of the restriction, including:

  • whether the move is in the best of the child;
  • the involvement of the parent opposing the move;
  • reason for the move;
  • comparison of education, health, and extracurricular opportunities;
  • special needs or talents of the child;
  • effect on extended family relationships;
  • effect on possession and access with the noncustodial parent; and
  • whether the noncustodial parent has the ability to relocate.

Can I move without a court order or agreement?

No.  If you move the child without agreement from the other parent or a court order allowing you to do so, you may violate your orders.  Your violation could serve as grounds for the other parent to modify custody.  You could face contempt of court, resulting in court-ordered punishments of fines or jail time.  Additionally, the other parent could file a petition to return the child.

Can I move if the other parent moves?

Maybe, but it depends on how your court order is worded.  Many geographic restrictions are worded such that the restriction only applies if the non-custodial parent resides within that zone, but that is not always the case.  If the other parent moves out of the permitted zone and your order allows for it, you can move outside of the zone.  If the other parent has not moved too far, be prepared for that parent to file to modify in an effort to keep you close.

If you are considering moving outside of the area designated in your order, be sure to consult an attorney to find out your options before committing to the move.  The last thing you want to do is have money invested in a move only to find out the court will not allow your child to move there.

Blog post by Samantha Mori

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In any family law case (divorce, child custody, child support, etc.), you may hear the term “discovery” used.  Although there are many kinds of discovery, this term is typically used to refer to formal, written discovery.  Common types of written discovery include a Request for Disclosure, Requests for Production, Interrogatories, and Requests for Admissions.

A Request for Disclosure is a standard set of questions that comes from Rule 194 of the Texas Rules of Civil Procedure.  It is used in all types of civil cases, not just family law, and therefore many of the questions are not relevant in a family law case.  There is some helpful information to be gained from a Request for Disclosure, such as a list of persons with knowledge of relevant facts, so it is still common to see this type of discovery in family law matters.

Requests for Production ask a party to produce documents or other tangible things.  There is no limit to the number of requests for production a party can request, and it can become extremely time-consuming for a party to gather the requested documents.  It can also be extremely time-consuming to review the documents produced by the other party.  Examples of commonly requested documents are tax returns, school records, medical records, diaries, e-mails and texts.

Interrogatories are questions that seek a written answer from the other party.  In most case, parties are limited to serving 25 interrogatories on the other side, so it is important to make them count.  Common interrogatories include asking for a list of trial witnesses, asking for information on medical issues, or asking for specific financial information.

Requests for Admissions ask the opposing party to admit or deny a certain fact.  I normally find that people will deny almost everything based on some type of technicality, so I don’t use Requests for Admissions too often.  There are certain cases where there are facts that you really want the other party to admit or deny, so on occasion these can be helpful.

In my practice, I rarely initiate written discovery.  Most often I feel it is an unnecessary expense for the client where a lot of needless information is sought.  If there is a document or information I need, most attorneys will hand it over voluntarily.  That type of informal discovery streamlines the process tremendously.  However, if the other party serves written discovery, I will always serve written discovery on that party.  Some firms make it a standard practice to use written discovery in most cases.   If you are served with written discovery, it is important to meet the deadlines to answer or any valid objections you may have will be waived.

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As I described in my post on conservatorship, any order involving a child custody issue in Texas will cover two issues:  conservatorship and “possession and access.”  Conservatorship deals with rights.   The section on “possession and access” sets forth the schedule for when each parent has possession of the child.  This is the part of the order that most people think of when they use the term “custody.”

The vast majority of orders will start the possession and access section by stating that possession shall be as agreed by the parties.  This gives the parents the freedom to adjust the schedule to fit their needs and the needs of the child.

The order will then go on to set forth a specific schedule for visitation that applies in the absence of an agreement.  It could include a standard possession order, an expanded standard possession order, or some other customized order crafted for the specific family.  In Dallas County and Collin County, you can generally create any reasonable schedule you want as long as the parents agree it is in the best interest of the child.  If the case is not agreed and ends up with a trial, most judges will order either a standard possession order or an expanded standard possession order (assuming there is no family violence or other reason to restrict someone’s access to the child).  Some people get along well and agree to deviate from the schedule on a regular basis, and others stick rigidly to the schedule.

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