This post explains why many judges in the Houston Area, including those in Harris County and surrounding counties, often impose a geographic restriction on a Parent. In reality, the restriction limits the area in which a parent may live with the child. Specifically, a judge places the restriction on the parent who has the exclusive right to designate the child’s primary residence. Translation, the parent who decides where the child lives the majority of the time must live in a limited area.
The Texas Family code provides the public policy basis for the restriction in Section 153.001. The section states that children shall have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child. As a result, the conservator who decides where the child lives, may only move from an area under certain circumstances. This allows the child to maintain frequent contact with both parents. If the child lives too far from the parent who doesn’t determine the primary residence, access and possession may be too limited. Much evidence and studies support the reality that children who have divorced parents adapt best when the parents work well together. Large distances tend to limit co-parenting opportunities.
The attorneys at C.E. Schmidt and Associates provide experienced guidance and support during the difficult divorce process. We have been assisting families since 1980 to successfully navigate the divorce transition. Call today for a free consultation (281) 550-6650