one of the most stressful things you will
ever experience. You need someone on your
side who understands the process and who will
protect your rights. Whether you and your
spouse have agreed on a division of property
and child custody, or anticipate that these
will be highly contested matters, call the
law offices of Dallas attorney, Paul Vigushin
to assist you.
What are geographic restrictions?
Courts can impose restrictions on a parent's
ability to move with the children. For
instance, if the parties are divorced in Dallas
County, a court has the ability to
restrict the children’s primary residence to
Dallas and contiguous counties. This means
that the parent who has the exclusive right
to establish the children’s primary residence
may do so only within the confines of the
geographic locale established by the Court.
Geographic restrictions are not mandated by
the
Texas Family Code, but are typically
imposed by judges who feel that children of
divorced parents need continuing, quality
contact with the non-custodial parent. Both
sides to a divorce can agree to not include a
geographic restriction in the divorce decree.
In addition, if circumstances change down the
road, a parent can return to court to try and
have the geographic restriction lifted. The
Texas Legislature amended the Texas Family
Code recently and made the question of
whether or not to impose a geographic
restriction, and what that restriction should
be, a question for the jury. If you are
divorcing in a county where it is standard
for the Judge to impose a geographic
restriction, you may want to have the jury
decide that question.
