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 you are a parent going through a divorce, one of the key decisions will most likely be what will work best in regards to a child custody and visitation schedule. Under Texas law, courts will normally grant one parent primarily residential custody, while the other parent will either have visitation on a standard possession schedule or an expanded standard possession schedule.
Texas parents who have gone through a divorce may be interested in some information on the process for changing an existing child custody or support order. Depending on the reason for the change and the agreement of the parties, the circumstances of the modification may be different.
For many families, the most important aspect of the parenting plan may be the custody agreement. The typical custody arrangement most parents are familiar with is called standard possession. These agreements are usually ideal for parents who do not live in close enough proximity to the child's school.
In the view of Texas courts handling family law matters, allowing a child to develop and maintain good relationships with both parents is considered to be in the child's best interests in most circumstances. When divorcing parents are unable to agree on visitation matters, a judge will grant the noncustodial parent those rights according to a standard possession schedule established by the legislature.
Texas law believes that if, as a parent, you are facing divorce, maintaining your children's best interest is vital. This means that your situation may have built-in terms regarding child custody so that both parents are allotted sufficient opportunity to parent. The goal of state law and our office is that children benefit from the best relationship possible with both parents.
The family law in Texas recognizes the term "child custody" as "conservatorship," and the "custodian" as the "conservator." Unless the parents can agree on shared responsibilities, the court will identify the terms of the conservatorship under all legal rights of both spouses. The ultimate goal is the welfare of a child.
While most people are familiar with the term "child custody," Texas labels this "conservatorship" and calls parents "conservators" instead of "custodians." When a couple ends their marriage in the state, they should try to work out a custody plan. In the event that this is not possible, a judge will rule on conservatorship and will mainly consider the best interests of the child.