Geographic Restrictions Attorney in Corpus Christi, Texas
Geographic restrictions are used in Texas for the purpose of limiting travel and movement of a child from a designated primary residence.
This arises most often in child custody cases where the primary and non-primary parent may reside in different locations.
There is a policy in Texas to make sure that there is continuing contact with both parents of the child, and to share in the raising of the child after divorce. For this reason, a court may impose geographical restrictions if the parents can’t come to an agreement.
The designation of the primary residence may be either very broad, for example within the state of Texas, or very narrow, such as a specific school district. The court with jurisdiction must be petitioned to establish the geographic restriction, and will use a test of whether the location is in the best interests of the child.
This evaluation will not consider what is in the best interests of the parents, although there may be some weight given to the parent with primary custody.
Often, if the non-primary parent does not remain in the area of restriction, they may give up the right for access to the child or to maintain a relationship with the primary parent. By the same token, the primary parent cannot move out of the area of geographical restriction just to limit the non-primary parent’s access.
Due to the possibility of changes in location, job moves and personal preference, geographical restrictions can be modified. However, the necessity of having a clear plan makes the use of a family law attorney imperative to avoid misunderstandings.
In the event there is a violation of geographical restriction, then a lawyer can assist with those problems as well.
Bobby Bourlon is a seasoned family law attorney who can be at your side while you make the important decisions of custody and location of your child.
Please call today for a free consultation at 361-289-6040.