After a divorce, it can be difficult for a custodial parent to move away or relocate to a distant town or city because of the other parent's visitation rights. If you are your child's managing conservator, but the other parent has possessory conservatorship, you may not be able to relocate with your child unless you obtain a court-order modification.
Texas family law judges often require divorce orders include domicile restrictions, which prevent a parent with primary custody from moving outside of a certain area. These restrictions can be as small as a county or as large as the entire state, but are determined solely by the judge.
The only way to have such domicile restrictions altered so that you can move where you need to move is by requesting a modification. You can work with the other parent to draft a new parenting agreement outside of the court and then have it entered by a judge, or you can approach the court to request a modification. You will need to prove to the judge that you have experienced a change in circumstance that requires you to move and that the modification is in the best interests of your child.
O’Neil Wysocki P.C. was founded to provide high-quality, personal service to each client, combined with relentless and experienced representation in the courtroom. Our team of Dallas divorce lawyers works together on each case to ensure that every client receives the best possible service and results.
Attorneys Michelle May O'Neil and Michael Wysocki are board certified in family law and have each earned numerous industry distinctions for their work in this practice area. Do not hesitate to contact our team for more information.
Call O’Neil Wysocki P.C. at (972) 852-8000!