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Texas Legal Glossary · Family Law

Geographic Restriction

Definition: A geographic restriction is a provision in a Texas custody order under Family Code § 153.134(b)(1)(A) that limits the area in which the parent with the primary residence right may establish the child’s home, commonly Travis County and contiguous counties in Austin cases.

Also called: domicile restriction, residency restriction, relocation restriction

What a geographic restriction means in Texas

A geographic restriction limits where the child’s primary residence can be. When a Texas court orders joint managing conservatorship, Family Code § 153.134(b)(1) requires it to designate the parent who has the exclusive right to designate the child’s primary residence and then either establish a geographic area within which that parent must maintain the residence, or specify that there is no restriction.

The restriction serves the public policy stated in § 153.001(a): to assure that children have frequent and continuing contact with parents who have shown the ability to act in the child’s best interest. A parent 20 minutes away can exercise Thursday dinners. A parent 800 miles away cannot.

How it works in practice

In Austin area cases the most common form is Travis County and contiguous counties. Variations include a single county, a school district, or a radius from the other parent’s home. Many orders lift the restriction if the other parent moves outside the area first.

Relocation disputes arise when the primary parent wants to move for a job or a new spouse. The Texas Supreme Court addressed relocation in Lenz v. Lenz, 79 S.W.3d 10 (Tex. 2002), holding that the child’s best interest governs and weighing the reasons for the move, the effect on the other parent’s relationship with the child, and whether the move improves the child’s life. The moving parent files a modification to lift or expand the restriction.

Why it matters in your case

The restriction is one of the most consequential lines in a custody order and one of the hardest to change. A parent who agrees to a tight restriction at divorce and later needs to move faces a contested modification with the burden of proof. A parent who accepts no restriction may find the child living across the country within a year. We treat the geographic clause as a negotiation in its own right.

Example

Marisol holds the primary residence right under an order restricting residence to Travis and contiguous counties. Two years later she is offered a position in Houston. Her ex-husband Felipe exercises every period of his possession. Marisol files to modify the restriction. Under Lenz, the court weighs her career reasons against the disruption to Felipe’s relationship with the child.

Texas authority

Frequently asked questions

Can I move out of state with my child if I have primary custody in Texas?

Not if your order contains a geographic restriction that the move would violate. Moving the child outside the restricted area without a court order or the other parent's written agreement can be enforced by contempt and can cost you the primary residence right.

Does a geographic restriction apply to the parent without primary custody?

Generally no. The restriction governs where the child's primary residence may be, which binds the parent who designates it. The other parent is free to move, though the schedule may become impractical. Many orders provide that the restriction ends if the non-primary parent moves out of the area.

What counties are contiguous to Travis County?

Williamson, Hays, Bastrop, Caldwell, Burnet, and Blanco Counties share a border with Travis County. An order restricting residence to Travis County and contiguous counties allows the child to live in any of those seven counties, so a move from Austin to Round Rock or Kyle needs no court approval, but a move to San Antonio does.

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"Geographic Restriction." Texas Legal Glossary, SMB Law, PC, law-smb.com/legal-glossary/geographic-restriction/. Updated October 2026.

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Questions about how geographic restriction applies to your divorce or custody case? Call (512) 561-5003 or request a free consultation. SMB Law, PC has handled Travis, Williamson and Hays County family cases since 2010.

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This entry explains Texas law in general terms and is not legal advice for any specific situation. Statutes and case law change; the date above reflects the last review.