Establishing the Primary Residence of the Child

Although the Courts will generally appoint both parents as Joint Managing Conservators, one party will have the right to establish the primary residence of the child. This means that spouse can choose where the child will live within the county of divorce and contiguous counties. Example, divorce is granted in Dallas County. Mom is primary. Mom may choose where the child will live in Dallas County or contiguous counties (Collin, Tarrant, etc.).

If the mother decides that she wants to move to Travis County or out of state, she will have to go back to Court and get permission of the judge to move. This is not easily granted in most cases. If the divorce decree does not have the county restriction, then the non-primary parent must file a Motion to Modify and Temporary Restraining Order to prevent the mother from moving.

Ultimately, the mother will have an absolute right to move to any County, State, or Country that she chooses. However, she cannot go with the child. This scenario is not necessarily true if non-primary has already moved out of county at the time Mom wishes to move. The State does care about a continuing and frequent contact between a parent and his/her child, therefore and as such, the Court will not allow the primary to move with the child to the detriment of a continuing relationship with the child's non-primary parent.