When a couple has a child together, they often (but not always) live in the same geographic area. If they split up, there may be questions about where their child should reside. Any child custody arrangement may include limitations that prevent parents from moving too far away from where they currently live.

Known as geographic restrictions, these limits are part of most custody orders issued by Texas courts. They are typically fairly broad, allowing the parents to live in their current county and in many cases an adjacent county, or “all contiguous” counties. Once a geographic area has been set, either by agreement or order of the court, it can be difficult to change.  The point of a geographic restriction is to keep both parents near the child.  Oftentimes, if the parent who is not restricted moves outside of the geographic area, the geographic restriction is lifted which can mean that the other parent is free to move with the child anywhere they want. If you want to move outside of your geographic area, or want to establish a new geographic area, you will have to have your custody order modified to remove or modify the geographic restriction. Our Austin child custody lawyers can help.

At the Law Office of Jason Wright, we offer skilled legal representation across a range of Texas family law matters. We can help you with both establishing and modifying child custody orders, working to get the best possible outcome for you and your kids. Contact our law firm today to schedule a consultation with an Austin family law attorney.

What Is a Geographic Restriction?

When a couple who shares minor children breaks up or divorces, they will typically need a child custody order. In a divorce, this will be included as part of a broader agreement (along with property division and spousal support, when appropriate). A parenting plan will address both conservatorship (legal custody) and possession (physical custody).

Conservatorship grants parents the right to make important decisions about a child’s life, including the area where they live. In most cases, conservatorship is shared between parents.

Almost every custody order in Central Texas includes a geographic restriction. Broadly, a geographic restriction will specify an area where the child must reside. For example, if you get divorced in Austin, the geographic restriction may specify that your child remain in Travis County.

The goal of a geographic restriction is to make sure that a child lives near both of their parents, which allows the parents to share parenting responsibilities. It also ensures that the child sees both of their parents. If one parent lives further away, it can make it easier for the noncustodial parent to visit their children.

Most (but not all) Texas custody orders contain a geographic restriction. In some cases, the restriction will be for a particular county. However, the restriction can be for the child’s current county of residence and an adjacent county, or the child’s current county plus all contiguous (bordering) counties.

A geographic restriction means that your ex can’t simply up and move to another state, taking your child with them. It can also limit your own ability to move outside of a certain range. Parents may agree to a geographic restriction when negotiating a parenting plan, or a court may order a restriction as part of a custody order.

If you are going through a divorce or a custody matter, our Austin child custody attorneys can help you think through your options when it comes to geographic restrictions. We can then help you negotiate a parenting plan that does (or does not) include a geographic restriction. When necessary, we will go to court to advocate for your rights and protect your child’s best interests in a child custody case.

Can I Get a Geographic Restriction Lifted?

Geographic restrictions can become challenging for many parents. For example, if you get a new job that requires relocation, you might discover that you can’t actually move under the terms of your custody order. Alternatively, if you get remarried and want to move, you might find yourself limited by the geographic restriction.

If you are the conservator who has the right to decide where your child lives, then you may be able to move without going through the court system. However, if your custody order contains a geographic restriction, then you will have to file a petition to modify custody (known as a Petition to Modify the Parent-Child Relationship, or SAPCR). This is required if you want to move outside of the designated area specified in your order.

You cannot move without getting the geographic restriction lifted or changed. Otherwise, you will be in violation of the custody order. The only exception is situations where there is no geographic restriction in your custody order. 

To modify your custody or visitation order and get the geographic restriction lifted, you must file a petition with the court where your custody case was originally handled. If your ex agrees to the modification, then you can file an agreed modification case. Otherwise, the court will schedule a hearing where the judge will hear evidence and make a decision on the proposed modification.

Our law firm can help you understand your rights and likely outcomes when it comes to seeking a modification of custody related to geographic restrictions.

The court process can take time, which is frustrating when you want to move forward with your life. You may be able to request a temporary order that allows you to move before the modification petition is decided. This can be difficult to achieve in temporary orders without very specific fact because courts are not looking to make such impactful changes to a child in temporary orders. 

Keep in mind that if your modification is granted, it might change other aspects of your custody arrangement. For example, if you move out of state and your ex will have to spend more money to see your child, then that may change the child support calculations. A Texas court will consider the increased expenses and the best interests of the child in making these decisions.

If your ex seeks to have a geographic restriction lifted, you might be worried about how this will affect your ability to see your kids. Depending on your situation, you may decide that the best option is to cooperate with your ex and allow them to move. You may also conclude that this isn’t what is right for you or your kids and contest the modification. Our Austin child custody lawyers can help you understand your rights and represent you in any legal proceedings.

Call Today to Talk to an Austin Child Custody Attorney

Geographic restrictions are a way to make sure that both parents can be in a child’s life. If circumstances change and you need or want to move, you may need to file a modification to get that restriction lifted. We can help you with the process, including advising you on likely outcomes.

Based in Austin, the Law Office of Jason Wright represents clients in Austin, Round Rock, Williamson County, and throughout Central Texas in family law matters, including child custody and support. If you want to protect your rights as a parent, we can help you with negotiating and litigating child custody orders and modifications. To learn more or to schedule a consultation with an experienced Austin child custody lawyer, give us a call at 512-706-9662 or fill out our online contact form.