Geographic restriction on mother's relocation of child was justified

March 14, 2014

Geographic restriction on mother's relocation of child was justified

Article provided by The Pinak Law Firm, PLLC
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Under Texas law, a court can modify an order related to a parent-child relationship, if such a modification would be in the best interest of the child, and the circumstances of the child or parents have materially and substantially changed.

The issue of modification may arise when one parent wishes to relocate with a child. However, what if the moving parent was given the exclusive right to determine the child's primary residence as part of the divorce? Could the other parent seek to modify this right, when the other attempts to relocate?

The Texas Court of Appeals discussed this question in the recent case of In re C.R.J.

A mother's attempt to relocate her child

The parents were divorced in 2011, and although they were named as joint managing conservators of their son, the mother was granted the exclusive right to designate the primary residence of the child without regard to geographic location.

Less than a year later, the mother wished to remarry and move the child from Texas to New Mexico. The father objected and petitioned the court for a modification, asking that he be given the right to designate the residence of the child.

Instead, the trial court modified the arrangement by limiting the designation of the primary residence to within a 100-mile radius of Atlanta, Texas; the child's current residence. The mother appealed this ruling.

A material and substantial change

The Texas Court of Appeals noted that the father believed he would have limited contact with his son if the child moved to New Mexico. The new location was more than 1,000 miles from the father and any contact after a move would involve air travel for limited times when school was in recess.

In addition, the six-year-old child would lose contact with many other family members who lived near his primary residence, including his grandparents, uncles, aunts and cousins. In contrast, the child had no family in New Mexico.

The trial court had properly determined there was a material and substantial change in circumstances since the previous custody order, since both parents had been involved in an altercation and only communicated through intermediaries. A relocation to New Mexico would have made the current possession arrangement unworkable.

The move would remove the father from the child's daily life and make visitation very difficult. The father often had to arrange last-minute visits with his son due to his variable work schedule, and that would be impossible after a distant move. Finally, the inability to see his extended family would likely negatively impact the child.

Therefore, there was ample support for the trial court's imposition of a geographical limitation on the mother's right to designate a primary residence for the child.

Considering a modification request?

Changes to a parent or child's life may mean that a prior divorce settlement no longer meets the needs of a family. However, prior to making any changes, you should consult with an experienced family law attorney to ensure any requested modification protects your interests and will work for your family today.