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Traveling out of state under a custody order

There are many reasons for Texas families to travel out of state or to consider moving permanently. However, a child custody situation could affect the ability of a parent to travel out of state with their child. It is important to note that the conditions of the travel as well as the conditions of the custody order typically determine the restrictions or freedom to take a child out of state.

If the period of travel will be brief, it is often permissible for a parent to proceed with such plans. A family vacation is an example of such a situation. However, a child custody order that prohibits such travel can restrict a parent's freedom to leave the state with the child. It is important to verify with one's lawyer or by reviewing the child custody order to be sure of any such restrictions.

A permanent move is a significant change for all parties affected by a custody order. If the moving parent is also the custodial parent, this may create difficulties for the non-custodial parent in terms of maintaining a relationship with the child. Because of this, it is typically necessary for a custodial parent to seek a modification to the custody order that would permit such a move. It may be necessary to demonstrate that this change will be in the best interest of a child, and it may be helpful to have legal representation in negotiating the terms of visitation for the other parent in such a case.

A parent who is worried about their child being permanently taken out of state might seek legal representation to advocate for their own concerns and expectations based on such a move. It may be possible to negotiate longer visitation periods for holidays and school vacation periods in exchange for agreeing to the other parent's request to move.

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