Geographic Restrictions on a Parent

When the biological parents of a child disagree about which parent should have the right to designate primary residence there is often a need to have a judge decide the dispute. The reason for this is there is no middle ground with the right to designate primary residence. Only one parent can have the "exclusive" right to designate primary residence. And so begins the "custody battle" or formal process where parties file a lawsuit, entitled a Suit Affecting the Parent-Child Relationship, or SAPCR.

If the individuals are represented they will likely discuss the goals they have with their attorney. Usually, the number one goal is to be appointed the parent with the exclusive right to establish primary residence. But where? If you are appointed the parent with the exclusive right to designate primary residence, where can you establish this residence? What if you want to move to California, New York, or even El Paso? In most cases, the answer will surprise you.

What many parents are shocked to find out is that a Texas court is likely to restrict the parent who is able to designate the primary residence of the child. The standard restriction is that, so long as the other parent is living in the same county, the parent with the right to designate primary residence is restricted to that county, or the surrounding counties.

This can be extremely frustrating for some parents. On the one hand, they have "won" in court by being appointed the parent with the right to designate primary residence, only to be told that they are now restricted to a very small geographic area. This is a reality individuals about to engage in a custody dispute need to be aware of.

If you need a Family Law attorney conact one of our attorneys: http://www.austincustodylawyers.com/