Residency Restriction in Texas

One of the most common issues that arise in family law matters is the residency restriction the Courts in Texas impose.

Today I wanted to offer a few notes or tipsĀ on the residency restriction in Texas. A residency restriction is a court imposed limitation on where the CHILD can live. You notice that I said child. The Court cannot tell the adults where they can and cannot live, but they can limit the residence of the child. Obviously, if you are the parent with custody of the child and the court limits the residence of the child, then your residence has been effectively limited too. Your option is to stay put or let the child live with the non-custodial parent.

The state legislature has said that they want to promote the relationship between the parent who does not have custody of the child and that child. The way they accomplish this is by assuring that there is frequent contact, i.e. a residency restriction.

The Courts have determined that in Texas a residency restriction can be as large as the state or as small as a neighborhood or school district. The size of the geographical area is within the court’s discretion subject to the facts that they hear at trial. In Collin County (Plano) and Dallas County the courts will typically impose the Dallas and contiguous counties (counties touching Dallas) or the Collin and contiguous counties language by default. That can be changed with the proper facts.

There is one simple way to have a residency restriction put in place if you are not the one with custody of the child, and that is to stay active in the child’s life. I cannot tell you how many times I have seen cases where my client wants a residency restriction but has not been active in the child’s life. I think sometimes it is simply a control issue. If you want a residency restriction in Texas, you need to show that you are active in the child’s life. That can mean simply exercising the visitation that you have been awarded or attending extracurricular activities. Attend some parent-teacher conferences, take the child to the doctor occasionally. You get the point.

If you are active in the child’s life then the court will protect your interests because that is the “policy” of the State of Texas.

The things listed above also apply to parents who want to remove the residency restriction in Texas. If the parent without custody is active in the child’s life, then chances are good that the court will not lift the restriction. However, if there is not active involvement, and the parent wishing to move has a good reason, chances are good that the court will lift that residency restriction.

The moral to this story is simple, stay involved in your child’s life or suffer the consequences when a parent wants to move out of state.

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53 Responses to Residency Restriction in Texas

  1. Melissa January 5, 2019 at 9:24 am #

    I’ve never done this. But my ex husband and I just had court yesterday over this Geographic Restriction. This is our second divorce with each other. On the first decree there wasnt a Restriction noted but on this new one it was. The restriction is that I can not leave Tarrant County Tx, but he doesn’t live in the same county. He also sent text messages saying he didnt want to co-parent anymore until after yesterday. And he hasn’t seen his children for 4 months.

    If I were to marry, and my husband has another job elsewhere, or if I had a job that relocates me and I’m the CP, and I get this restriction lofted?

    Also our children doesn’t want to stay in TX or spend time with their dad. They do it because I ask them to.


  2. John from Texas May 27, 2020 at 6:58 pm #

    Chris My question is not about residency, however you seem to be extremely knowledgeable and I wanted to ask when you file a Motion for JNOV or in the alternative for a new trial based on insufficient evidence, does the other party have a time frame to respond to that Motion? If they do not respond can the Judge grant a default JNOV or new trial.

  3. Chris Schmiedeke May 28, 2020 at 11:59 am #

    John, this is something you should address with an attorney in your area. Typically the person who files the motion for new trial has to set it for hearing and notice the other side. Not sure about the JNOV rules. Talk to a local attorney or track you down a copy of the Texas Rules of Civil Procedure.

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