Understanding Geographic Restrictions in Texas Divorce Cases
Divorce is never easy, and when children are involved, the stakes are even higher. One issue that often surprises people during the divorce process in Texas is geographic restrictions. These limitations can have a significant impact on your life after divorce, affecting where you can live and where your children must remain. This blog will break down what geographic restrictions are, why they matter, and how they could influence your future decisions.
What Are Geographic Restrictions in Texas Divorce Cases?
In most Texas divorces involving children, the court will impose geographic restrictions. Simply put, these restrictions limit where the custodial parent and the children can live after the divorce is finalized. Imagine a bubble, like the one in the movie The Truman Show, that surrounds the county where the divorce was filed. The custodial parent and the children are often required to stay within this bubble unless certain conditions are met.In many cases, this bubble includes the county where the divorce was filed and adjacent counties. For example, if you file for divorce in Travis County, you may be restricted to staying in Travis County or neighboring counties like Williamson or Hays.
Why Are Geographic Restrictions Imposed?
The purpose of geographic restrictions is to ensure stability for the children. Texas courts generally believe that it is in the child's best interest to remain close to both parents, making it easier for the non-custodial parent to maintain a relationship with the child. These restrictions prevent one parent from relocating the child far away, which could disrupt visitation schedules and the child’s sense of stability.
Can Geographic Restrictions Be Lifted?
In some cases, geographic restrictions can be lifted, but it requires negotiation or a compelling reason. One option is to include a geographic restriction lifting provision during mediation. This allows the custodial parent to move out of the restricted area if the non-custodial parent moves first. For example, if the non-custodial parent moves out of Travis County, this provision could allow the custodial parent to relocate as well, possibly to an adjacent county.However, this is not an automatic right. Even if your co-parent moves away, you might still face challenges if you want to move a significant distance, like across the state or out of state. Geographic restrictions are often upheld by the courts, and removing them typically involves a lengthy and expensive legal process.
What Happens If You Want to Move Out of State?
Moving out of state can complicate things further. Before you consider relocating, it’s crucial to talk to an attorney who understands the intricacies of family law in Texas. Once you live in a different state for six months or more, that state can assume jurisdiction over your divorce or custody case. This could make it extremely difficult to return to Texas with your children, as you may be required to litigate your case in the new state.For instance, if you move to another state to try to salvage your marriage or for a new job, you may unintentionally transfer your case to that state. This means you could be required to go through divorce proceedings in the new state, and it’s likely that you and your children will be required to stay there for many years to come.One client of ours made the move with his family to another state, hoping for a fresh start. Fortunately, he contacted us before the six-month residency mark, and we were able to develop a strategy to move his case back to Texas. We worked together to meet the necessary residency requirements and navigate the legal complexities. By acting quickly, we were able to ensure that the divorce and custody matters were handled in Texas, where the family had originally resided.
Jury Trials for Geographic Restrictions
Did you know that in Texas, a jury can decide whether or not to impose a geographic restriction? This is something that often surprises people from other states. While most custody matters are left to the judge, geographic restrictions can be brought before a jury.Juries are sometimes more lenient when it comes to allowing a custodial parent to move with the children, especially if the move seems to benefit the child, such as being closer to extended family or attending a better school. However, opting for a jury trial can be expensive and time-consuming, and even then, there are no guarantees. Before pursuing this option, it’s important to assess the cost and likelihood of success with your attorney.
Before Filing for Divorce, Consider Where You Want to Live
One of the most important things you should consider before filing for divorce is whether you plan to stay in your current county. If you're thinking about moving out of state or to a different county, it’s crucial to plan ahead. Once the geographic restrictions are in place, relocating becomes much more difficult.Texas courts tend to favor stability for children and typically expect families to stay put after divorce. Judges are often reluctant to allow a parent to move the children far away, even if there are valid reasons for the move, such as job opportunities or family support in another state.
How to Navigate Geographic Restrictions During Mediation
Mediation is a great time to discuss geographic restrictions with your attorney and the other party. If you know that you may want to move at some point in the future, it’s essential to negotiate terms that account for this possibility. Whether it's including a lifting provision or discussing future relocation plans, mediation gives you the opportunity to lay the groundwork for more flexibility down the road.Having a clear understanding of your goals and what’s best for your children is crucial in these discussions. Make sure you and your attorney are on the same page about where you want to live after the divorce and how to address geographic restrictions in a way that benefits your family.If you're considering divorce and want to understand how geographic restrictions could affect your case, it's important to consult with an experienced family law attorney. At Hembree Bell Law, we can help you navigate the complexities of divorce and custody in Texas. Visit www.hembreebell.com or call 512-351-3168 to schedule a consultation today.