This article addresses
custody issues in Texas and whether parents can move their children out of state before and after a
Child Custody Order.
Before a Court Order
Before there is an order of the court in place regarding
custody, both parents have equal rights to possession and access of the child.
This can be a very uncomfortable and scary position to be in. This is
because either parent can make decisions regarding the child without consulting
or notifying with the other parent prior to make that decision. These
decisions can include going on vacation and move out of state with the
child. These actions can be very frustrating and without a
child custody court order in place, they do not constitute kidnapping. In most circumstances even
if a parent were to call the police to ask for their intervention they
would be told that without a Court Order there is nothing the police can do.
If you are concerned that the other parent of your child is contemplating
a move out of the state or even within in the state, you should consult with a
Family Law Attorney on the best way to keep them from taking your child with them. You want
to take action BEFORE they move otherwise it may be too late to do anything.
This is because the longer you wait to take action the less like a Court
will be to order that your child be returned or order your Child and the
other parent remain in the same area where you are living.
After a Court Order
After a Court has made an Order, the parties’ rights to possession
and access to the child will established.
In most cases this means:
There will be geographic restriction placed on where both parents can live
An example of a geographic restriction would be, that the parent who has
the right to establish where the child lives must live in either Harris
County, Texas and contiguous counties to Harris County Texas (Counties
that tough Harris County). This means the parent could live in either
Harris County, Montgomery, Liberty, Chambers, Galveston, Brazoria, Fort
Bend, or Waller Counties.
Sometimes a geographical restriction can be much more restrictive. An example
would be resting the parties to a a school district such as Spring ISD
in Spring, TX. Usually I see those types of geographical restrictions
arise out of a mediation where the parents have agreed upon the restriction.
If the parent who has the right establish where the child lives wanted
to move out this geographic area, they would first need to file a motion
to modify the order asking that the geographic restriction be removed
and show that such a move would be in the best interests of the child.
Traveling with the child after Court Order for Vacation
Once there is a
Child Custody Order, usually parents only restriction for travel is that it take place during
their period of possession.
Travel Itinerary and Passport Restrictions
Child Custody Orders can include a requirement that parents provide written notice to each
other outlining the child’s travel itinerary that includes:
- When the parties will leave
- Where they will be
- Who Is going to be traveling with the child and
- Phone numbers on where they may be reached
Child Custody Orders place additional restrictions on parents regarding
international travel. These additional restrictions usually focus on passports and which parent
is in charge of being in possession of the passports and under what circumstances
is the other parent allowed to have the passport for travel.
If you want to know more about what you can do,
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Other Articles you may be interested in:
- Children's Passports and International Travel after Texas Divorce
- The Dirty Trick of Moving Out of State with the Kids
- Geographic Restrictions in Child Visitation Orders in Texas
- Common Law Marriage and Texas Divorce Guide
- How to get a Common Law Divorce in Spring, Texas
- Am I Married? - Marital Status in Texas
- Can I sue my spouse's mistress in Texas?
- When is, Cheating Considered Adultery in a Texas Divorce?
- 6 things You Need to Know Before You File for Divorce in Texas
- Child Custody Basics in Texas
Law Office of Bryan Fagan | Spring Divorce Lawyer
The Law Office of Bryan Fagan routinely handles matters that affect children
and families. If you have questions regarding
divorce, it's important to speak with ar
Spring, TX Divorce Lawyer right away to protect your rights.
divorce lawyer in Spring TX is skilled at listening to your goals during this trying process and developing
a strategy to meet those goals.
Contact Law Office of Bryan Fagan by calling (281) 810-9760 or submit your contact information in our online
form. The Law Office of Bryan Fagan handles
Divorce cases in Spring, Texas,
The Woodlands, the FM 1960 area, or surrounding areas, including
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