What Are Geographic Restrictions in a Texas Custody Case?

 Posted on March 10, 2025 in Child Custody

You may have heard someone refer to geographic restrictions in a Texas child custody case. Broadly, these restrictions refer to where a child lives following a divorce or separation and whether the parent with primary custody can move outside the specified area without permission from the court. Geographic restrictions are usually outlined in the custody agreement between parents, with the goal of maintaining an ongoing relationship with both parents for the child.

Geographic restrictions are also meant to ensure that one parent does not relocate without the other’s consent when that relocation adversely affects co-parenting responsibilities. If you are the primary custodial parent and want to move a significant distance from your child’s other parent, it is important that you not do so without speaking to a skilled McKinney, TX family law attorney.

Do All Texas Custody Orders Include Geographic Restrictions?

Most Texas family courts will include geographic restrictions in the custody orders. In most counties, this restriction is fairly broad. Most geographic restrictions confine the custodial parent to living in his or her current county and "all contiguous counties" to that current county.

This means the custodial parent could move to any county that borders his or her current county without the other parent’s or the court’s consent. The good news is that most family court judges will allow the parents to decide the geographic restrictions unless they are unable to agree, at which point the court steps in.

Can Geographic Restrictions Be Removed or Changed?

As with most court orders, a geographic restriction can be changed or removed – but only if a parent can show good reason for the court to do so. For example, if the non-custodial parent moves to California, there is no good reason to restrict the custodial parent from moving anywhere he or she chooses.

If the custodial parent has received an exceptionally good job offer in another Texas county, the court may allow him or her to move while changing the current geographic restriction in the custody order. This will only occur if the court believes the move is in the child’s best interests.

Changing the geographic restriction in a custody order requires the custodial parent to file a "Petition to Modify the Parent-Child Relationship " in the court that issued the current custody order. The other parent must be served with the petition or must waive service. Some courts will require both parents to attend mediation before the court will rule on a proposed move.

Even if the parents both agree on changing a geographic restriction in their custody order, they will still be required to file the Petition to Modify the Parent-Child Relationship with the court and then sign an Agreed Order that modifies the current order and is filed with the court.

Can Geographic Restrictions Be Lifted Quickly?

Suppose the custodial parent has a compelling reason to want to move farther away from the non-custodial parent than the custody order allows. Perhaps he or she has been offered an amazing new job, or a close relative is ill and needs the custodial parent’s assistance. While these things usually need to happen quickly, do not expect the courts to move any faster than a snail’s pace.

It can take weeks – or even months – for the court to weigh the best interests of the child against the custodial parent’s needs or wishes. The court will consider whether the child will be leaving extended family members as well as the other parent and whether a change will affect the child’s educational needs or current access to healthcare facilities and other important services.  

Contact a Collin County, TX Child Custody Lawyer

A key responsibility of a McKinney, TX child custody attorney is to analyze the geographic restrictions outlined in the agreement to assess the potential impact on each parent’s ability to spend time with his or her child. When you choose The Ramage Law Group, you are choosing an all-woman law firm with child-focused attorneys who focus on client relationships and collaborative law. Call 972-562-9890 to schedule an initial attorney meeting.