While a divorce can be a difficult time for the spouses involved, it is important to remember that it will also be an extremely significant event in the lives of the children in the family. As you go through your divorce proceedings, it is absolutely essential that you remember to keep your child's best interests in mind – no matter how difficult that may be. Understanding how child custody is determined will help you put your child in the best possible situation. Consult with an Attorney First of all, remember that Houston divorce lawyers are there to help. Going through…
Under Section 153.001, the Texas Family Code sets out that it is the public policy of the State of Texas to:
(1) 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;
(2) provide a safe, stable, and nonviolent environment for the child; and
(3) encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved their marriage.
The goal of this code is usually accomplished by enacting a geographic restriction in a divorce or family law matter. A geographic restriction specifies the geographic area the children may reside. It can be as specific as a school district or as general as the state of Texas. The most common geographic restriction is “Harris and contiguous counties,” or the current county of residence as well as any adjacent counties. The primary conservator is given the exclusive right to designate where the children reside within a defined geographic area.
Sometimes an original order relating to conservatorship, such as a final decree of divorce or suit affecting parent-child relationship, does not include a geographic restriction. This becomes an issue when the primary parent wishes to relocate and the non-possessory parent files a modification suit to prevent a parent from moving.
The Court enact sanctions against a parent who chooses to violate an existing geographic restriction. The existing order can be modified changing conservatorship or the existing order. The Court can also hold a contempt hearing and possibly award punitive contempt such as an incarceration or fine. If there is an existing geographic restriction in your existing order it is very important that parties comply.
If you believe a geographic restriction will be an issue in your pending divorce or child conservatorship case, please contact the Ramos Law Firm to schedule a consultation with an experienced family law attorney.