Non-custodial parents pay child support and have visitation rights. That means every moment they spend with their children is precious. But sometimes their job may want them to relocate, or they may get a job offer in another state.
This can significantly change their parenting time structure, which is why some parents are hesitant to take advantage of a lucrative job offer. Texas custody laws and Texas Child Possession and Access guidelines may offer solutions.
What Happens If The Non-Custodial Parent Moves Away
Notifying The Custodial Parent
The non-custodial parent should notify the other parent about their intention to relocate to another state. There is no need to file a petition to relocate because the non-custodial parent will not relocate with the child, but relocating requires changing visitation schedules.
So, the non-custodial parent may petition to modify their parent’s time order. However, the non-custodial parent can work with the custodial parent to change the visitation schedule without involving the court.
They will have to consider an arrangement considering the distance each parent has to travel for parenting time. Both parents can use the guidelines for visitation outside a 100-mile radius.
Parenting Time When You Live In Another State
Non-custodial parents who live in a state other than Texas but are within a 100-mile radius can use the 100-mile radius provisions for visitation. However, if the parents are over 100 miles apart, the non-custodial parent can exercise parent time on the first and fifth Fridays just like they would if they lived 100 miles or less apart.
The non-custodial parent could also exercise parent time one weekend per month. However, they must ensure that the parent time begins at 6 p.m. on the day the school recesses for the weekend and ends at 6 p.m. a day before the school resumes after the weekend.
For minor children of 3-4 years, ensure they are not too long separated from their primary residence. Visitation can be segmented to make this possible. If you were the parent always around taking care of the child before the divorce, you may need to spend more than a single weekend.
Once the child starts attending school from age 5, the visitation schedule will have to be restructured around the child’s school schedule. School breaks often become the parent time for the non-custodial parent in this situation. That includes the entire summer, spring break, and so on.
What Happens If The Non-Custodial Parent Lives A Few Hours Away?
When the non-custodial parent only lives a few hours away, the court can grant the parent additional parenting time. A judge may allow the non-custodial parent to have parent time when the child is in the area where that parent lives. The non-custodial parent may also be allowed to see the child if they are in the area where the child resides.
Is The Non-Custodial Parent Responsible For Transportation
Transportation Costs
If distance is an issue, transportation costs are a relevant consideration. The court will consider each party’s income before deciding whether to share the costs.
FAQ: Visitation Rights When the Non-Custodial Parent Moves Out of State
When can you deny visitation to the non-custodial parent in Texas?
Visitation can be denied if there is a legitimate concern for the child’s safety, such as instances of abuse, neglect, or substance abuse by the non-custodial parent. These concerns must be substantiated in court, and a legal modification of the visitation order must be obtained.
What happens if my child doesn’t want to see her father?
If a child expresses reluctance or refusal to see the non-custodial parent, the situation should be approached with sensitivity. The court may consider the child’s wishes, especially if the child is of sufficient age and maturity. However, the final decision will be made based on the child’s best interests, and court-ordered visitation must generally be followed unless modified by the court.
Can my ex take my child out of state without my permission in Texas?
In Texas, a custodial parent typically cannot take a child out of state without the permission of the non-custodial parent or a court order, especially if it interferes with the other parent’s visitation rights. This restriction is often detailed in the custody or visitation order. Violating this condition can lead to legal consequences, including modifications to custody arrangements.
What rights do non-custodial parents have in Texas?
Non-custodial parents have the right to visit and be informed about the child’s life, including education, health, and welfare. They can participate in major decisions regarding the child’s upbringing and are typically entitled to regular visitation as outlined in a court order, such as the Standard Possession Order.
What happens if the non-custodial parent moves out of state in Texas?
When a non-custodial parent moves out of state, the existing visitation schedule may need to be modified to accommodate the distance. This can include longer visitation periods during holidays or school breaks instead of frequent, shorter visits. The parent must notify the other parent and the court of the relocation, and both parties may need to agree on a revised visitation arrangement.
Can you stop the mother of your child from moving away?
If the move significantly impacts the non-custodial parent’s visitation rights, the parent can object to the relocation. They may file a motion with the court to prevent the move or request a modification of the custody arrangement. The court will decide based on the best interests of the child, considering factors like the reason for the move and its impact on the child’s relationship with both parents.
How long is considered abandonment for a non-custodial parent in Texas?
In Texas, abandonment may be considered if a parent leaves the child in the care of another without providing support or communication for at least six months. This can be grounds for terminating parental rights if it is in the child’s best interest.
What is the law for child relocation in Texas?
Child relocation laws in Texas generally require the custodial parent to seek permission from the court or the other parent before moving a significant distance, especially if the move would interfere with the non-custodial parent’s visitation rights. The court considers the best interests of the child when deciding on relocation matters.
Can a mother withhold a child from the father in Texas?
A mother cannot legally withhold a child from the father if there is a court-ordered visitation or custody arrangement in place. If the father believes his visitation rights are violated, he can seek enforcement through the court.
10. What happens when the non-custodial parent moves away in Florida?
In Florida, if a non-custodial parent moves away, the visitation schedule may need to be modified to reflect the new distance. Like Texas, this can involve adjusting visitation to longer periods during school breaks or holidays. The parent must notify the court and the other parent of their intent to relocate, and the court must approve any changes to the visitation schedule.
11. What happens when the non-custodial parent moves away in California?
If a non-custodial parent moves away in California, the court may modify the visitation schedule to accommodate the move. The parent must provide notice to the other parent and the court. The court will consider the child’s best interests, including maintaining a stable relationship with both parents when deciding on any modifications to visitation or custody arrangements.
These FAQs provide a general overview of visitation rights and issues that may arise when a non-custodial parent moves out of state. Consulting with a qualified family law attorney for specific legal advice or concerns is recommended.