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Visitation Rights for Fathers Out of State

Posted by Chris Peterson | Jan 15, 2014 | 0 Comments

Visitation Rights for Fathers Out of State

Visitation Rights for Fathers Out of StateOne of the more difficult matters to arrange in a divorce can be visitation schedules. Parents often hold grudges and feel animosity toward each other. If the father at some point moves out of state, whatever difficulties that existed often only worsen. If you are moving out of state, then, it is very important that you consult with a child custody attorney in Conroe to arrange a modification request.

Texas Laws Regarding Visitation

The Texas Family Code recognizes the importance of children having access to both parents, unless an issue such as domestic violence exists. The guiding consideration of the court will always be what is in the best interests of the children; as such, there is recognition that circumstances will necessitate a modification of visitation if the father is relocating out of state, such as for employment.

Assuming that the father is the non-custodial parent, he will not need court approval to move out of state. However, he also should request a modification of visitation rights.

Matters Pertinent to Modifications of Visitation

If you are relocating and need a modification, your child custody attorney in Conroe will discuss with you how distance will impact visitation. It is not reasonable, for instance, to assume that a non-custodial father will be able to take young children out of school for an extended period of time. A number of factors work to affect what modifications are appropriate to request, not the least of which is distance. Obviously if the move is across country your expectations for frequency of visitation should take this into account.

Other factors include:

  • Age of the child: Unescorted travel for a very young child is not appropriate; an option is for the father to pick up the child at his or her home and take the child, or simply to return to Texas for the duration of the visit.
  • An older child may be able to travel, say by plane, unescorted, provided the parent meets him at the airport at the destination. Airlines provide assistance to minors who are unaccompanied by a parent.
  • The child's desire to travel: A child may welcome the opportunity to travel to another state. As your child custody attorney in Conroe can tell you, though, sometimes children whose parents divorce are reluctant to do so, perhaps out of insecurity.
  • The child's schedule: It is easier to take a child out of state during winter, spring, or summer breaks.
  • Deployment: If the father is in the military, Texas courts will consider visitation with another party, such as the father's parents, while he is overseas.
  • Virtual visitation: The non-custodial father should consider using his imagination to come up with ways of maintaining contact with children when physical visitation is not possible, such as by email, social media, or web cam.

Call Before You Move out of State

If you must move out of state, it is important that you work with a child custody attorney in Conroe to request a modification of visitation. Call Peterson Law Group today at 936-337-4681.

About the Author

Chris Peterson

Chris Peterson is the owner of Peterson Law Group. He practices primarily in the areas of wills, trusts and estate planning; probate and trust administration; elder law; and business law. Chris is also the owner of Brazos 1031 Exchange Company.


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