Texas Geographical Restrictions

Facts: Both parties were from another state (about 12 hours drive from Texas) but had moved to Texas in the early 2000's. After living in Texas for few years, Dad and Mom divorced three years ago. At the time of the divorce, Mom wanted to return to the former state of residence with the child, Dad wanted to stay here. The parties compromised and settled in mediation for Mom staying in Texas for three more years. After the three years elapsed, Mom said she was returning to the former state. Dad hired me to modify the Decree to keep the geographical restriction in place permanently.

After a temporary hearing where the Judge ordered the child to remain in Texas pending final trial, Mom demanded a Jury trial for final hearing.

Result: In a unanimous verdict, the jury found, as we requested for Dad, that there had been a material and substantial change in circumstances to justify modifying the Decree now to impose a restriction on the child's residence and that doing so would be in the child's best interest. As a result, the Decree was modified to impose a geographical restriction on the child's residence to Collin County and surrounding counties.

Result: Won jury trial. Father was awarded joint custody and the jury denied his ex-wife's request to move the child out of the country.