Legal Question in Family Law in Texas
Geographical Restrictions
In my divorce my ex husband had a geographical restriction so that i can not leave the county. I have remarried and my husband now just got a new job making 3 times what he was in a different county. What are my chances on getting that restriction lifted? and how do i do it?
1 Answer from Attorneys
Re: Geographical Restrictions
I do not know what county you are in.
In Collin, Denton, Dallas and Tarrant counties, judges tend to be unimpressed with this argument, if the father of the children is involved in their lives to a reasonable extent.
Know that if dad contests this issue, that whatever his prior involvement, will be magnified at trial.
Texas is a very large state, and the distance of the move could be a significant factor here. Judges want to maintain contact with parents, and oppose two or three hour car rides for kids.
Your best approach could be through mediation, with an offer to pay for airfare for the children.
If dad has been uninvolved in their lives, then hire a lawyer and ask for a modification of the restriction.
Also, carefully review the language of the decree, as there are exceptions to the restriction.