WHAT IS A GEOGRAPHIC TRAVEL RESTRICTION?

Many people find themselves having to relocate for work or the need to be closer to family. However, for divorced parents, this problem is exacerbated by geographic restrictions that say where there children must live. These are known as “Geographic Restrictions”

Geographic restrictions most often place restrictions on the county in which you may live, or the maximum distance from the other parent that you may live. These restrictions are either negotiated by the parties or provided by court order. This means that if you want to relocate out of your geographic area, you have to go to court again and explain the reasons for your relocation.

The other parent needs to be notified of your intention to move, and the only valid way to do that is to request a relocation hearing. Failing to do this would likely be a violation of the Court order. Geographic restrictions are enforceable in court and, if violated, could affect your status as a joint managing conservator of your child.
Typically with relocation, you must show a genuine need, such as job or the need to be closer to your family. Very likely, the other parent will seek a temporary injunction until the judge has made a decision on the move at the relocation hearing.

Relocation may not seem like such a big deal, but it affects the rights of the other parent to see and have a relationship with their children. Because of this, in all likelihood, it will be hashed out in court.

Copyright © 2015 Mat Rueda Law Firm

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