Texas Law provides for the ability to restrict the Exclusive Right to Designate the Primary Residence to within a certain geographic region, for example, Tarrant County.
The Texas Family Code does not contain any default presumption regarding a geographic restriction, nor a preference of whether one should exist. However the tendency of the court is to keep parents within close geographical proximity.
Accordingly, parental relocation legal disputes are complex and can be very contentious. Often at the time of separation or divorce, one spouse needs the financial, emotional and childcare support of his or her family who may live in another city or state. Also, in today’s business environment, professionals must often consider relocating to advance in their careers or to take advantage of new job opportunities. When deciding whether to relocate with a child, far-reaching decisions must be made regarding custody and visitation arrangements. If the parents cannot agree to a mutually acceptable resolution of the matter, then it is left to the court to decide. The court will always consider the best interest of the child as its primary concern. Therefore this is a very challenging area of law and you will need the services of a highly qualified attorney.