"Can I move back home?" is a question we get quite often in our initial client interviews. In a divorce or suit involving children, it depends. Should there be no agreement regarding where the child resides, the Court will designate one parent to do so.  Chapter 153 of the Texas Family Code allows one parent to determine where the child or children reside. This is often done by county. A Court may order that one parent can determine where the child or children live within Tarrant County or Tarrant Dallas County. This is often very fact specific. 

        Also, it is the stated public policy of Texas assure that children will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child; provide a safe, stable, and nonviolent environment for the child;  and encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved their marriage. It hard to do that if parents move from so far away that they can't regularly see their child or children. So, if the parent that is awarded a possession schedule regularly exercises their possession, the Court will create a geographic restriction to allow them to continue to do so. 

        However, should that parent decide to move outside the geographic area in their orders, the restriction is lifted and the other party can move anywhere. As always, individual facts and family dynamics play an important role in whether a Court creates a geographic restriction for the residence of the child or children before the Court. If you are facing a family law case, please call us at 817-338-4500 for your Family Law consultation