What is a Domicile Restriction?
Let’s assume an example: the children live with their mother, and the father has certain rights to be with the children. Mother has the right to determine the residence of the children. Father is concerned that Mother will move to Butte, Montana (or Alpine, Texas) and the time, expense, and inconvenience of exercising possession of the children will be so great that he will only be able to see the children during summer possession and Christmas. The courts share this concern. Some courts, especially in Dallas, will automatically impose a domicile restriction if there is not one stated in the proposed divorce decree. At least one court has a rubber stamp specifically for this purpose. The courts in Collin County are not routinely imposing domicile restrictions when neither party has asked for it, but when one side has asked, they tend to be sympathetic. The two most common domicile restrictions are (1) to the county of the divorce, and (2) to the county of divorce and any county contigu
