When one parent wants to move away with a child
Child custody and visitation orders are put in place in effort to provide the child with stability, that’s why once they are in place, it is very difficult to change them.
However, life is full of changes, and when a parent wants to move away with the child, whether it is out of the county, state or the country, it is often necessary to re-examine the custody arrangement.
Most child custody orders in Texas contain a geographic restriction, often limiting relocations with the child to the county where the case was heard and the surrounding counties.
If the parent who has primary physical custody of the child wishes to move outside of this area, court permission is usually needed before the move can take place.
When the court considers these requests, it often applies two sets of guidelines: regular visitation or long-distance visitation.
Regular visitation applies when the parties will continue to live within 100 miles of each other, and long-distance visitation applies when the parties will live more than 100 miles apart.
Long-distance visitation rules mean:
- The parent who moves away is responsible for picking up the child after each visitation.
- If driving is not feasible, the parent who moves away must pay for an airline ticket or bus fare (and a ticket or fare for an accompanying adult if the child is younger than 5).
When the parent who has primary physical custody of the child moves outside of the state or the country, the custody matter can get very complicated as different laws and jurisdictions apply.
If you wish to relocate with your child, or your ex plans to do so, it’s very important to work with an experienced attorney to make sure your rights and relationship with your child are protected.
This can be a tricky area of law, which is why an experienced attorney’s help is crucial.