What is the typical arrangement regarding primary residential custody?

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What is the typical arrangement regarding primary residential custody?

I have just been given the final decree of divorce. I will be appointed joint managing conservator with 2 children that will be living with my ex. The order states that my ex will have the exclusive right to designate the primary residence of the children without regard to geographic location. Is this standard for my ex have to request this to be added? I’m worried she could move out of state with me having no rights to challenge the move.

Asked on September 26, 2011 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Not being familiar with the procedure in these matters for the state of Texas it is difficult to know if this is standard in a divorce decree.  But I have to say that I would have to agree with you that it appears from the way the language is written in the decree and you have stated it here that your ex can indeed move far, far away with out regard for you an your rights.  As is typical here in new York, attorneys allow parties to move with in a certain distance from a certain area: within 50 miles, a one hour drive - what ever the situation may be.  This is to insure that the custodial parent and the non-custodial parent do not have to drive too far on pick up and drop off, etc.  I would consider speaking with an attorney in your area on the matter as soon as you can.  Good luck.


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