Comments on: Relocation Cases

By: Scott

Scott — Wed, 23 Jun 2010 22:45:22 +0000

Mary, the term in the Decree you will need is the “right to establish the child’s residence without geographical restriction.” However, this is extremely difficult to get in court, without the other party’s agreement.

By: Mary Lee

Mary Lee — Fri, 18 Jun 2010 19:27:40 +0000

I am filing for divorce and may need to relocate next year. Is there anything I should try to put in my final decree to help me next year with the relocation? Of course I am going to try to put no restrictions on the geo. location part of the final decree, but I am sure my ex will not agree, and not sure if the judge will agree with the no geo. restrictions.

By: Scott

Scott — Tue, 26 Jan 2010 23:18:47 +0000

Karla, based on the details you provided I think you got pretty accurate advice from the consult you did with your lawyer.

By: Karla

Karla — Thu, 21 Jan 2010 20:21:42 +0000

Scott,
There’s a geographical restriction in my decree that states I am to reside in Harris County and counties contigous to Harris County. The only son in question is my 16 year old who will be 17 years old in 3 1/2 weeks. My ex husband and I were divorced in January of 2009 with “joint managing conservators.” As far as possession, the decree states that “… possession of the each child at all times agreeable to between ____ and the child.” I am now recently married and my husband lives in a different state. My son hasn’t seen his father since August of 2009 and my ex hasn’t pursued visitation. He also hasn’t spoken to my son on the phone person-to-person since August and has only left a message on his phone at Christmas. My son has expressed his desire for wanting to move out of the state and has no desire to want to see his father and/or talk to him. We want to join my husband at his state of residence as quickly as possible. I emailed my ex asking if he would agree to our son moving to the state where my husband lives, as well as removing the geographical restriction. My ex’s response was “no.” I’ve consulted with a lawyer, but felt extremely dismayed after the consult since I was told it would probably be at least six months before we could get a court date, temporary orders MAY allow my son to move out of state with me, but the chances are highly unlikely the judge would agree to that since my son would be moved from our current home, to another state and (quite possible) back to Harris County. I was also told that the Judge may listen to the wishes of my son, but not until we the case actually goes to court, as opposed to him hearing my son’s wishes during the temporary orders hearing. Our divorce was originally done in the 245 Judicial District in Harris County. Please advise me if all hope is lost. I’m feeling so hopeless right now and really don’t know where to turn.

By: Scott

Scott — Mon, 02 Nov 2009 15:19:10 +0000

Hi Maria – the standard judge’s use when determining whether to lift a geographical restriction is the best interest of the kids. That is a relatively subjective determination and it depends a lot not only on the facts of your case but also the particular beliefs of the judge hearing the case. In the counties where I practice (Harris and Fort Bend) judges are generally against the idea of letting the primary parent move the kids away when the other parent is reasonably involved. This is also generally true of juries. There are definitely exceptions to that general rule, but it is usuallly an uphill battle for the parent who wants to move. My best advice is get a very good family law attorney who 1) is experienced in geographical restriction cases, and 2) knows the predispositions of your particular judge. Good luck with your case!

By: Maria Lopez

Maria Lopez — Tue, 27 Oct 2009 22:21:11 +0000

Hi Scott, my case is not complicated but, now I want to lift the Geographical restrictions, (well I asked him since we were divorcing.. that I was not going to fight anything, but I just wanted to keep the Geo Rest open because I wanted to move out of Webb county) I found a Job in TEXAS AM Corpus Christi which is not going to pay me more I am going for the same salary, but has a lot of benefits and the best of all is that I finally going to study my masters degree, I sacrificed my masters so he could study his… even payed with my monies, and I will be studying during my working hours as part of my job, it’s an 8-5 job, and I really like the city, I recently went to my lawyer to ask for this restriction to be removed so I could go to work to CC and he has responded back with a rotund no, and now he wants the kids, he pays child support, and does his visitation as stated, but I have asked him some other times to take care of the kids, and usually says no, or my schedule starts at 5 not at 3, he used to have a one BR appt, and since I ask for this he moved to a bigger one, also has no clothes for the kids, there has been a few times that brings them over 10-30 or 11:00 in the night… thus violating the time on the order, this last time I told him I was going to report him, and he has been behaving well, also my daughter (she is 9) has told me that he is telling her bad stuff about moving and all… If I want to move is to get better in life, get my graduate degree and look for a better future so I can give them a good education once they go to college… now Laredo and CC are only 130 miles away, the only time that I would be taking off will be 6 hours a week that he has them and I am willing to give a day of my weekends for that… and also do video conference with them every day as much as they want to… my lawyer says that the judges are always in favor of the betterment of the parents for the children, but after reading all this I am not sure… can you please give me your opinion?.. thanks!

By: darcy morrison

darcy morrison — Tue, 22 Sep 2009 04:45:03 +0000

I found your blog on google and read a few of your other posts. I just added it to my News Reader. Look forward to reading more from you in the future.

By: Scott

Scott — Sat, 13 Jun 2009 04:06:16 +0000

Hi Denise, it is really worth paying a good family law attorney (in the county where the order was entered) for a meeting to review the Order and give some advice specific to your situation. Geographical restriction issues are complex and you need someone experienced and qualified to look at the order carefully and consider all the circumstances before advising you. Good luck with your situation!

By: Denise

Denise — Fri, 12 Jun 2009 15:10:12 +0000

Hello,
My husband has two children (ages 5 & with his ex wife and share joint conservatorship. However, we have no geographical restrictions. We live in San Antonio and currently drive 2 to 3 times a month to meet the ex in Brady, TX (half-way) as the children’s mother lives outside Abilene. We would like to move to Beaumont as I am a student finishing an education degree. Also, we are concerned with the long travel hours of the children. Our 5 year old daughter is developmentally delayed and sometimes rather sickly. Would moving still require us to meet in the same place and also increase travel time? Would we be able to share the travel expenses if plane tickets were involved instead of driving?

By: Scott

Scott — Mon, 08 Jun 2009 14:57:44 +0000

Daniella, usually a SMC provides that the parent with custody does not have a residency restriction, although you should review the specific language of the order. Also, you should consider consulting with your lawyer about your chances of modifying the temporary order to create a geographical restriction, if it does not already exist.