Definition Geographic Restrictions - see Relocation Rights.
Application in Divorce In a divorce, geographic restrictions sometimes become part of a separation agreement on the theory that the best interest of the child is served by the stability of his or her environment. This means, among other considerations, that the child should not be relocated in a way that prohibits access by both parents. On the other hand, courts permit the custodial parent to remove a child based on the idea that what is good for the parent is also good for the child.

As a compromise, courts sometimes stipulate that a child be move no farther than a certain distance from the noncustodial parent. This arrangement makes the best of a less than desirable situation.

The relocation of children by custodial mothers helped fuel what is known as the "father’s rights" movement.

See also Father’s Rights; Relocation

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  1. Geographical restrictions in Texas
    The Texas Legislature has stated that it is the public policy of the State of Texas to promote frequent contact between children and the parent with visitation. This has resulted in what is known as a "residency restriction". Each court is free to impose its own restrictions as small as a neighborhood or street, to as large as a multi county or statewide area. Many counties in Texas have adopted the surrounding county restriction as its standing order (i.e. Collin and contiguous counties for a case in Collin County). The burden is on the person attempting to move that it is in the best interest of the child to controvert the public policy of Texas.
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