Divorce, Geographic Restrictions, and Child Custody – A Case Study

Ellen was a mother of two who moved with her husband from Massachusetts to Texas, hoping that the move would improve the marriage; however, things only got worse.

Problem – Isolation From Family Support Network

Now isolated from her family and support system back in Massachusetts, Ellen was entirely under her husband’s control - and to add to her problems, Ellen’s husband unexpectedly and without prior consultation moved his mother into their new home in Texas.

Danny always put his mother first in every situation and his belittling and demeaning behavior towards Ellen only intensified.

Divorce Papers Are Filed – But Can She Move?

Feeling she had no choice, Ellen filed for divorce as her greatest need was to return with the children to home and family support in Massachusetts.

Another problem arises: Tarrant County family courts impose a “geographic restriction” that prohibits parents from moving away and depriving the other parent a relationship with the children.

How Can Schreier & Housewirth Help Solve Her Problem?

To get Ellen home to Massachusetts, we would have to rely on all of our 20+ years as Family Law attorneys to research prior cases to fully understand factors a court would consider in lifting a geographic restriction, then apply the law to the facts of Ellen’s case.

To allow Ellen to move with her children, we would need to:

  1. Prove to the court there was a history or pattern of family violence in the marriage and that appointment of both parents as joint managing conservators was not in the best interest of the children.
  2. Establish through witness testimony that Ellen was far more involved in the daily care of the children than Danny and that allowing the children to relocate may not have a significant effect on the relationship.
  3. Elicit testimony that Danny who as an airline employee had liberal flight privileges and could fly with the children free of charge.

Our Proposed Resolution to Divorce Move Problems

We proposed to the court a creative possession schedule that allowed Danny to spend quality time with the children and even enhance his relationship with the children across the miles.

The Court departed from its normal policy and allowed Ellen to move with the children back home to Massachusetts.

Problem Solved – Children Are Happy and Safe

Today, the children are happy and living in an area where they are surrounded by aunts, uncles, grandparents, and cousins while still having a relationship with their father.

Thanks to over 20 years of experience helping families deal with all the problems of divorce and our dedication to creating the best possible family unit after divorce, Schreier & Housewirth Family Law Firm is prepared to help you resolve your divorce problems.

Don't go through divorce alone – let us help.

Schreier & Housewirth Family Law

1329 College Avenue, Suite 100
Fort Worth TX 76104

(817) 753-8565
 

Gregory L. Housewirth is a Board-Certified Family Law Specialist practicing in Fort Worth Texas. With 30 years of family law experience, Mr. Housewirth has represented hundreds of clients in divorce, custody, CPS, modification, and grandparent cases. In addition, Mr. Housewirth is a qualified family law mediator and a member of Collaborative Law Texas, a practice group dedicated to promoting collaborative divorce in Texas.

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