As a Dallas family lawyer, I have represented many clients in child custody cases. One issue that often arises in these cases is whether a geographic restriction should be imposed on the custodial parent. In Texas, a geographic restriction limits the residence of the child to a certain geographic area. In this blog post, I will discuss when a Texas jury can impose a geographic restriction in a custody case.

What is a Geographic Restriction?

A geographic restriction limits the residence of the child to a certain geographic area. This means that the custodial parent cannot move the child outside of the specified area without the permission of the non-custodial parent or the court.

When Can a Texas Jury Impose a Geographic Restriction?

Under Texas law, a jury can impose a geographic restriction if it finds that it is in the best interests of the child. The Texas Family Code provides that a geographic restriction may be imposed if the jury determines that the restriction is necessary to:

  1. Provide for the child’s physical safety or emotional well-being;
  2. Provide for the child’s educational needs; or
  3. Allow the non-custodial parent to maintain a meaningful relationship with the child.

Factors Considered by the Jury

In determining whether to impose a geographic restriction, the jury will consider various factors, including:

  1. The child’s age and needs;
  2. The child’s relationship with each parent;
  3. The distance between the proposed residence and the non-custodial parent’s residence;
  4. The availability of suitable educational or medical facilities for the child in each location;
  5. The financial resources of each parent; and
  6. Any other factor relevant to the best interests of the child.

The Burden of Proof

The party requesting the geographic restriction has the burden of proving that the restriction is in the best interests of the child. This means that the party must present evidence to the jury to support the imposition of the restriction.

Conclusion

In summary, a Texas jury can impose a geographic restriction in a custody case if it determines that it is in the best interests of the child. The party requesting the restriction has the burden of proving that it is necessary to provide for the child’s physical safety or emotional well-being, educational needs, or to allow the non-custodial parent to maintain a meaningful relationship with the child.

The team at The Blacknall Firm can assist you in navigating the complex legal issues involved in a child custody case, including the imposition of a geographic restriction.