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San Marcos, TX Modification Lawyer
When one parent wants to move away with the children, the geographic restriction in a custody order becomes the whole battleground. In San Marcos, SMB Law, PC handles relocation modifications for parents on both sides of the move.
San Marcos sits on the I-35 corridor between Austin and San Antonio, and job moves in either direction regularly put a family’s geographic restriction to the test.
Where a San Marcos modification is handled
San Marcos is the Hays County seat, so a relocation modification is filed and heard at the Hays County Government Center on South Stagecoach Trail, right in town.
Relocation and geographic restrictions
Most Texas custody orders include a geographic restriction — often limiting the child’s primary residence to a specific county and its neighbors — so both parents stay within reach. When the parent with primary custody wants to move beyond that boundary, or to lift the restriction entirely, they must return to court and show that the move is a material and substantial change and, above all, in the children’s best interest. Courts weigh the reason for the move (a job, family support, a remarriage), the effect on the children’s relationship with the other parent, and whether meaningful visitation can survive the distance. The parent opposing the move can ask the court to keep the restriction in place, or to make them the primary parent if the other insists on relocating. These are among the most fact-intensive family cases, and they turn on evidence about the children’s lives, not just the moving parent’s plans.
If the move is allowed: long-distance possession
When a court does permit a relocation, the possession schedule almost always has to be rebuilt for the distance. Texas provides a long-distance framework for parents who live more than 100 miles apart, typically trading frequent weekends for longer, less frequent blocks — extended summers, alternating major holidays, and most of the school breaks — so the faraway parent still has real, meaningful time. Courts also address the practical cost of the move, and may allocate travel expenses or require the relocating parent to shoulder more of them. In a San Marcos case we work through these details up front, because the difference between a workable long-distance order and an unworkable one is in the specifics: who drives, who pays, and how holidays and summers are actually divided across the miles.
Working with us from San Marcos
Our office is about 30 miles north in downtown Austin. We handle most San Marcos modification matters by phone, video, and e-signature.
At SMB Law, PC you work directly with attorney Shane M. Boasberg, who has represented Texans for more than two decades and has been licensed by the State of Texas since 2003. We explain things in plain English, give you a plan instead of more stress, and keep you informed from your first confidential consultation through final resolution.
Why clients choose SMB Law, PC
- Direct attorney access — you talk to Shane, licensed since 2003, not a call center.
- Honest advice — if a fight is not worth the cost, we say so.
- Transparent fees explained before you commit.
What working with us looks like
- Confidential consultation to understand your goals and the law that applies.
- Strategy and records tailored to your situation.
- Negotiation or court — we settle when we can and litigate when we must.
- Resolution implemented correctly so you can move on.
A San Marcos family-law issue often connects to others, so we also handle a child support case, a custody case, and alimony in Texas โ how we handle modification cases explains our approach.
Frequently asked questions
Can I move away with my kids after a Texas divorce?
Only if the order allows it or a court lifts the geographic restriction. You must show the move is a material and substantial change and in the children’s best interest.
What is a geographic restriction?
A provision limiting where the child’s primary residence can be, often to a county and its neighbors, so both parents stay within reach of the child.
Can the other parent stop the move?
They can oppose it and ask the court to keep the restriction, or to make them the primary parent if you relocate anyway. The court decides on the children’s best interest.
Where is a San Marcos relocation case heard?
At the Hays County Government Center in San Marcos, since the city is the county seat.
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