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
Sometimes however 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
Often times 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.
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Other Articles you may be interested in:
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Law Office of Bryan Fagan, PLLC | Spring Divorce Lawyer
The Law Office of Bryan Fagan, PLLC 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.
A 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, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC handles Divorce cases in Spring, Texas, Cypress, Spring, Klein, Humble, Kingwood, Tomball, The Woodlands, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County and Waller County.