WHAT IS RELOCATION LITIGATION?
At the rendering of an initial custody determination in Texas, courts have been required to determine which party is designated the right to determine the primary residence of the child, whether there will exist a geographic domicile restriction imposed on that party and if so what county and its contiguous counties that restriction will be. The Texas Family Code has also permitted the parties to contract as to a geographic area. Modification of a previous order to permit, or prohibit relocation can arise in either of two scenarios. Either the previous order will have a residence restriction, and the motion will seek to remove the restriction, or there will be no restriction and the modification will seek to impose one. Most modifications will be based upon a showing that (1) modification would be in the best interest of the child and (2) the circumstances of the child, a conservator, or any other party affected by the order have materially and substantially changed since the date of t
