I have a child from a previous relationship. My husband is in the military. Right now my ex and I are in a custody dispute and he wants a geographical restriction. But because of my husbands job there is no guarantee we can stay here. How do the courts usually rule in this situation?
The restriction is on the residence of the child that you have with the child's father, not on you or your new husband. Yes the Court could order a geographic restriction on these facts. It depends on what each side proves is the best interest of the child at trial.
Ms. Laster practices in Dalla
Most Texas courts will order and keep a geographical restriction on the child's residence if it is in the child's best interest. If your new husband is transferred, you may face a difficult choice.
If you are allowed to move the child, expect to pay all the travel costs for visitation with the father.
This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information provided and is not intended to be conclusive advice. There are likely other factors that might influence or change the advice after a more lengthy consultation.
There is no usual rule for your question; there is only the best interests of your child and the relationship of the child with both parents. The court will hear evidence from both parties and sides and decide the child's best interests. The child's best interests control the question.
I agree with the other attorneys. And, furthermore, the answer to this question tends to be highly Judge and County specific....in that some Judges STRONGLY prefer to have geographic restrictions.....while others tend to prefer them and might be swayed maybe. I also agree that you should expect to pay travel costs if the Court allows you to go.
Sign up to receive a 5-part series of useful information and advice about child custody law.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline