Burkhart v. Burkhart
In Burkhart v. Burkhart, 960 S.W.2d 321 (Tex. App.--Houston 1st Dist. 1997, pet. denied), the mother, who had the exclusive right to determine the child's legal residence, moved to California. See Burkhart, 960 S.W.2d at 322.
The father alleged in his supporting affidavit, "my ex-wife has since moved to California, in essence denying me my rightful visitation with my child, and I believe that it is important that I have significant contact with the child for his proper development." Id. at 323-24.
However, the trial and appellate courts found this claim inadequate.
"Equally inadequate is his contention that the removal of the child to California deprives him of significant contact important to the child's proper development. The decree gave the mother the right to determine the domicile of the child. In view of the heightened standards for a modification hearing within one year of a custodial order, an affiant must state concrete facts that clearly demonstrate that extraordinary relief is appropriate. The father did not meet that standard." Id. at 324.