Legal Question in Family Law in Texas

Modifying Geographical Restriction in Custody Order

I have inquired in the past about modifying my custody order to lift geographical restrictions. My son is 10 and I am the Joint Managing Conservator. Currently I am restricted to reside in Tarrant or contigious counties. I have been told that in recent years it has become unlikely that a judge will modify custody orders to lift geographical restrictions as it is preferred that the child has access to both parents. My new husband is in the military and will be transferred to Florida soon. Do military orders change the way a judge would rule on lifting the geographical restrictions? Or will I be forced to decide between living with my son and husband?

Thanks.


Asked on 2/02/05, 4:09 pm

1 Answer from Attorneys
Eric Williams Law Office of Eric L. Williams

Re: Modifying Geographical Restriction in Custody Order

Those issues are generally left for the parties to either negotiate, or for the trier of fact to decide - either a judge or jury.

There's no easy rule. There's no easy answer.

I do encourage you to file your request for a modification as soon as you are able to. That will give the potential experts, social workers, or whomever the court appoints ample time to work on a recommendation.

Also, each judge may or may not have some tendencies on this issue, but that does not mean anyone knows which way they will rule on your particular case, under your set of facts.

So, hire a good lawyer, prepare for whatever procedures that court uses, and if it comes to a trial, always present a plan to maximize the time that the other parent will have with the child if you win, because it is the child that will loose either way.

Read more
Answered on 2/08/05, 6:38 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas