If you have children and you’re getting divorced, the phrase that judges and family lawyers come back to time and time again is “acting in the best interest of the children.” That phrase also figures into a key piece of Texas case law dealing with whether parents can move wherever they want.
We were reminded of this case at the most recent Advanced Family Law conference, where two presenters teamed up for a talk called “Dueling for Domicile.” In it, they covered a number of different facets around parenting time and where parents and children live.
Relocation was one of those issues, and in the presentation, they brought up Lenz v. Lenz, a 2002 Texas Supreme Court case in which that body determined “no bright line test can be formulated” regarding relocation cases. It concerned a jury verdict awarding a mother the sole right to establish the residence of the children without a geographical restriction and relocate to Germany.
Both parents were German citizens at the time of their divorce, but were living in San Antonio. In the article accompanying the presentation, they wrote, “These cases are difficult to resolve without one of the parties giving up a substantial and strongly held right.
“The nonprimary parent wants to maintain the ability to be near the child. The primary parent wants to move to pursue a new job, a new marriage, or return home to extended family. The nonprimary parent may request a court to geographically restrict the right of the primary parent to relocate with the child.It is not uncommon for a court to limit the primary parent’s power to select the domicile of the child, perhaps to a particular county or adjoining counties.”
In this case, the appeals court ruled that the mother did not that prove that “relocation to Germany would be in the best interest of the children and a positive improvement for them, stating that she only showed relocation would be a positive improvement for herself.” That court determined that per Texas Family Code Section 153.134, the trial court was able to impose a residency restriction.
But the Texas Supreme Court reversed that decision, citing then-existing Texas Family Code Section 105.002, which did not permit a trial court to impose a geographic restriction on a child’s primary residence contrary to a jury verdict.
Since then, other cases have helped shape our understanding of Lenz v. Lenz, but the important thing to note is that relocation is now determined on a case-by-case basis. Someone in a relocation case should work with a family lawyer on building that case through honest and full disclosure.
For example, a parent who is seeking to relocate may be able to argue that family and friends living in the new location, a career opportunity for the parent, or the move being needed for the parent’s well-being.
Conversely, someone trying to prevent the other parent’s relocation might argue about the positive relationship the non-moving parent has with the children, how involved the non-moving parent is in the children’s school and extracurricular activities, and the children losing out on friends or extracurricular activities as a result of the move.
If you’re contemplating relocation or you’re already having a disagreement about it, the Law Office of Lisa A. Vance can help with your case. In our initial consultation, we make sure to establish facts about your case and provide insights on strategies and outcomes that could result from going to court.