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In Texas family law, two critical components often play a pivotal role in custody battles: geographic restrictions and child support. This article explores the significance of these factors, offering clarity for those navigating these complex issues. We break down the scope of geographic restrictions and explain the intricacies of child support calculations, providing essential insights to help families understand their rights and responsibilities.
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.
In conclusion, understanding geographic restrictions in Texas family law and the complexities of child support is crucial for anyone involved in a custody dispute. These factors significantly influence custody arrangements and the financial obligations of parents. By gaining a clear understanding of how geographic restrictions impact your ability to relocate and how child support is calculated, families can better navigate the legal process and make informed decisions. With this knowledge, parents can better advocate for their rights and ensure that their child’s best interests are upheld.
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:
- Keeping Your Kids Close: Opposing a Geographic Restriction Change in Texas
- Issues related to lifting a geographic restriction in Texas
- Post-Divorce Implications of Residency Restrictions on Your Child
- 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.
