Legal Question in Family Law in Texas

Re: Primary residence

The person with right to determine primary residence can place the child anywhere she chooses, as long as the child is safe. Many current divorce decrees limit the residence of the child to a geographical location, such as the county where the divorce took place. However, you would have to refer to your specific decree to see if she has any restriction. The placement of the child with the grandmother may be considered a material change in circumstances that you could use as grounds to request a modification of the decree, but it is no guarantee that the judge will give you the right to determine where the child lives. In short, just because the child is not living with the mother does not mean that the child will automatically come to live with the father.