Relocating After Divorce

Relocating after a divorce is often necessary, sometimes chosen and even sometimes mandatory.  Relocating is almost always discussed during a divorce under one circumstance or another.  What isn’t always discussed is what happens if a parent has to relocate after divorce out of the area of geographic restricted area.

Primary Parent

If you are the primary parent-conservator and you need to relocate, be very careful about your actions and your decisions.  Find your divorce decree and read it very carefully.  Don’t rely on your memory.  This is a very critical issue.  Selling and/or buying a new home is a major decision and you want to make sure you are making the best choices.  If your decree contains a geographic restriction, you need to read it very carefully and be sure to follow all of the restrictions, notices, and procedures in it.  If you aren’t sure if you are doing it all correctly, you need to see a lawyer.  This is an area that the Texas courts take very seriously.

Possessory Parent

If you need to relocate after divorce but you are not the primary parent, you still have some things to think over.  You also need to get out your divorce decree and read all of the parts that deal with residence location.  Your decree may include language that removes the residence restriction from the other parent if you move beyond the restricted area.  For example, it may say that Mom is restricted to Denton County and the counties that surround and touch Denton County (contiguous counties).  And it may also say that if Dad moves out of Denton County and contiguous counties, Mom can then move outside of the area also.  So, before you move get out your divorce decree, and your map and make sure your new place is where you want to be.  If you need to move to Georgia, you have different considerations than if you need to move to Collin County from Denton County.

Both situations require a good knowledge of your decree.  And, if you don’t understand what your decree says, go see a good lawyer and find out.

Jill O’Connell is available for consultations and able to discuss relocating after divorce with you, by appointment.  Please call 940-497-5454.