Addressing Long Distance Visitation in Texas Child Custody Agreements

 Posted on November 23, 2022 in Child Custody

Determining child custody and parenting time in a Texas divorce can be a complex issue to navigate around. It can become even more complex if the two parents do not live in close proximity to each other. When this is the case, there are certain factors besides the typical custody and parenting time decisions that need to be addressed.

The State of Texas

In many other states in the nation, traveling issues do not often need to be addressed when the parents live in the same state. Their state is small enough that distance does not really become a problem. Traveling does need to be addressed if the parents live in different states.

But Texas is the second largest state in the country. It takes up almost 10 percent of the total land size of the United States. Going from Point A to Point B often involves hours of driving or a trip to one of the state’s four major airports.

Texas is so big that in child custody cases if the custodial parent wants to relocate with the child, they are only allowed to relocate either in the same county or to one adjacent to the county where the divorce was decided. Any other moves require agreement from the non-custodial parent and/or approval from the court.

Addressing Travel in Your Child Custody Agreement

When your child custody order involves a long-distance arrangement, there are certain logistical – and financial – issues that you want to make sure are also addressed in the agreement.

If there is a significant distance between the parents’ homes, it must be decided how the non-custodial parent’s parenting time will take place. If the mode of transportation to pick up the child is a vehicle, will the non-custodial parent make the entire trip from their home to the custodial parent’s home or will the two meet halfway?

If the travel will be done by plane, train, or bus, who will be responsible for the cost of the tickets and any other expenses associated with the travel? There is also the question of whether the child is old enough to travel on their own or needs one of the parents to accompany the child.

It is important that these issues be included in the child custody order, either in the original order or in any modifications of the order that may be made in the future.

Contact a Travis County Family Law Attorney for Legal Help

If you are having child custody issues, whether you are the custodial or non-custodial parent, make sure you have a skilled Austin, TX child custody attorney advocating for you and protecting your parental rights. Call Powers Kerr & Rashidi, PLLC at 512-610-6199 to schedule a confidential consultation.

Sources:

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.153.htm

https://texasproud.com/how-big-is-texas-its-huge/