A custody order is one of the most important documents in a parent’s life. It shapes where your child lives, when you see them, and how holidays are shared. But life does not stand still after a divorce. Jobs change, families grow, and sometimes the other parent stops following the rules. Texas law gives parents ways to respond.
In this article, Chris Schmiedeke of the Law Office of Chris Schmiedeke, PC explains how residency restrictions and relocation work, how courts weigh the best interest of the child, when a custody order can be modified, what to do when the other parent ignores the order, and how holidays are typically divided.
Understanding Residency Restrictions in Texas
In nearly every Texas divorce involving children, the court imposes what is called a residency restriction. This limits where the child can live.
Under the United States Constitution, a court cannot tell an adult where they can or cannot live. But courts can decide where a child lives, because a child is not an adult. For a divorce in Dallas County, for example, the order may restrict the child’s residence to Dallas County and the counties next to it. Another common version restricts the child’s residence to the Dallas Independent School District.
Can You Move Out of State With Your Child?
If you want to lift a residency restriction and move, you have to go back to court and prove that the move is in your child’s best interest. There is no simple formula for that.
Reasons that feel compelling to a parent often fall short. Getting remarried to someone who works in another state may not be enough. Landing a new job out of state may not be enough either. The problem is that those reasons are about the parent, not the child, and they do not address the child’s relationship with the other parent.
A relocation case usually becomes stronger when several facts work together. For example, if the other parent rarely exercises their possession schedule, does not visit during the week, or does not pay child support, those facts combined with a legitimate reason to move can start to build a case. It is rarely one smoking gun. It is usually a collection of smaller factors. Overall, Texas courts are strict with residency restrictions because they are protecting the child and the child’s relationship with the visiting parent.
The Best Interest of the Child and Texas Public Policy
Every Texas case involving children comes down to one question: what is in the best interest of the child? That is the guiding light for the court. Judges are not focused on what one parent wants or needs compared to the other. They look at every decision through the eyes of the child.
Texas also has what is known as public policy. Unlike a statute, it works more like a guiding principle, although you will find it reflected in the Texas Family Code. In relocation and residency restriction cases, the public policy of Texas is to promote the relationship between the child and the visiting parent. The court is bound by both that policy and the best interest standard, which is why overcoming a residency restriction requires a strong set of facts.
Can Child Custody Be Modified After a Divorce in Texas?
Yes. When you get divorced in Texas, the only part that is truly final is the property division. Once the court divorces you, you cannot go back and divide the property differently because you changed your mind.
Issues involving children are different. They remain open until the child turns 18, and for child support purposes, until the child turns 18 or graduates from high school, whichever is later. If you divorce when your child is five, you may have 13 years in which you can return to court and adjust things.
There are practical limits. Going back to court just six months after your order was signed requires a very good reason. But returning after three, five, or eight years is possible. This is important to keep in mind when deciding whether to settle your case. Your custody arrangement is not written in stone, and you can address your children’s needs later if circumstances change.
What If the Other Parent Refuses to Follow the Custody Order?
A court order is the judge telling each parent what to do. When one parent does not follow it, you have two main avenues.
Option One: Enforcement
An enforcement case brings the other parent back before the judge. You explain that the court ordered them to do something and they are refusing. You can ask the judge to hold them in contempt, meaning they have disobeyed the court’s order.
Enforcement works well when the underlying order is still workable and the problem is limited, such as a few missed possession periods or some miscommunication. The court can order makeup time or enforce unpaid child support, and if the other parent is found in contempt, they may be ordered to pay your attorney’s fees. Think of enforcement as a quicker fix, a bit like a bandage.
Option Two: Modification
When the problems become an ongoing pattern, enforcement may not be enough. If the other parent repeatedly fails to show up for possession, does not deliver the child when required, or keeps blocking court-ordered telephone access, the order itself may no longer be workable. In that situation, you can ask the court to modify the order. That might mean asking for custody, more possession time, or other changes that better fit your child’s needs. A modification is the bigger legal step, but sometimes it is the right one.
How Texas Handles Holidays and Summer Possession
Most Texas custody orders are built on the standard possession order. It covers regular possession during the school year, including weekends and Thursday periods, and it also divides holidays between parents.
Holidays typically alternate by year. One parent has Thanksgiving in even years and the other has it in odd years. Christmas is divided roughly in half, with December 28th as the transfer day. One parent gets the first part of the break in even years and the second part in odd years, and the schedule flips the following year. Spring break alternates in a similar way.
Summer is a little more detailed, but if the parents live within 100 miles of each other, the visiting parent typically gets 30 days every summer. Smaller provisions can also address birthdays, including the child’s and each parent’s. The biggest periods to plan around are Thanksgiving, Christmas, spring break, and summer.
Get Guidance on Your Texas Custody Order
Whether you want to relocate, update an order that no longer fits your family, or hold the other parent accountable, you have options under Texas law. Understanding the difference between enforcement and modification, and how courts apply the best interest of the child, can help you choose the right path. If you are a Dallas parent facing a custody issue, our team is ready to help you take the next step.