Sherea Vitelli’s Legal Blog

My wife wants to take the kids at the end of our divorce and move to another state!  How can I stop her?  Easy, hire us here at Smith & Garg, LLC and we will help.

In Texas, there is a little restriction we can ask the court for and it is called the geographic restriction.  What this does is that it places a restriction on a geographical area that one party is entitled to live with the children.  Generally, the primary conservator is restricted to the area or county of filing and any contiguous counties.  This will help ensure that the possessory conservator is allotted time to bond with his or her children.

What if I live in another state?  Then generally there will not be a geographic restriction and I would encourage strong language in the final decree to accommodate both parties with drop off and pick up travel arrangements.

What is we had a geographic restriction but we want it lifted?  This can get complicated.  Generally, if both conservators live in the same area or county and the possessory moves out of the geographic restricted area, then the courts allow that the managing conservator can also move out of the geographic restricted area.  Now, if the managing conservator wants to move out of the geographic restricted area but the possessory conservator does not, then it will be a court fight because the managing conservator must petition the court for the move and show substantial circumstances and why it is in the best interest of these children to up root them from their domicile.  It can be done if there are compelling circumstances but they must be compelling.

Come see us here at Smith & Garg, LLC to help you through your divorce process.