Child custody in Texas means which parent is responsible for the care, control, and maintenance of the child after a separation or divorce. The four main categories of custody that a parent can be awarded are physical, legal, joint, or sole. The court will follow the child’s best interest standard when making any decisions related to children, including child custody arrangements.
Child visitation in Texas involves the rights of the non-custodial parent to see their child. Visitation issues are often handled by courts during separation and divorce cases. When a parent has visitation, it means they do not take care of the child on a day-to-day basis but, instead, see them during scheduled periods of time.
In some situations, a child’s parents will not be able to agree on custody and visitation for their child. In these cases, the court will decide these issues. There are usually standard visitation orders that courts use that outline things such as holidays and weekends.
Once the court approves a schedule, if a parent does not agree or wishes to request a modification, they can do so with the court. There may also be situations in which emergency child custody orders may be issued when there is evidence of abuse or other issues.
During these challenging situations, parents should do their best to work together for the sake of their child. To find out more about child custody and visitation in Texas, it is essential to have a legal consultation in Texas.
What Is Interstate Child Custody and Visitation Under Texas Law?
In Texas, interstate child custody and visitation issues can arise when a parent does not reside in the same state as the child. Courts can still establish visitation and custody schedules when parents reside in different states.
Because there may be different custody laws in each state, it is important for a parent to have legal representation to ensure their rights are protected and they follow the state laws they are required to follow. A lawyer can also help if there are any complexities in the case, such as differing or conflicting laws.
Most states, including Texas, have adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Under this law, the most important factor for determining which state will have jurisdiction over the case is the state where the child lives. The state that is the child’s home state, or where they have lived for six months or more before the action was filed, will determine jurisdiction.
The parent who wants to get custody of their child has to live in the state where they file the custody action for at least six months before they file. If the child has not lived in one state for six months before the action is filed, the court will review whether the child and a parent have a strong connection to one state in order to determine jurisdiction.
Finding a significant connection is more than determining that the child or parent currently resides in the state. If there is no significant connection to any specific state, any state where the child has a connection can have jurisdiction.
Texas lawyers can help parents get answers to their top child custody questions.
What Should I Know When Traveling Out of Texas With My Child?
There are several important considerations when traveling out of Texas with a child. In general, unless it is in the best interests of the child, a court will not allow one parent to relocate the child in a way that will impact their other parent’s right to custody.
There may be some situations, such as one parent getting a better job or access to better medical resources for the child, when the court may allow the relocation. However, if the parent who desires to move cannot show that it would be in the child’s best interests, their request may be denied.
If a parent wants to take their child outside of Texas for a vacation, they can typically ask for permission from the other parent, the court, or both. Some custody and visitation arrangements may not specifically prohibit this but, if they do, it is especially important to obtain permission first.
What Issues Can Arise From Relocating Out of Texas?
If a parent relocates outside of Texas, there are some issues they should consider. As noted above, the UCCJEA applies to issues of custody in Texas.
If a parent moves to another state, they will need to file their Texas order in the new state. Under the UCCJEA, full faith and credit will be given to the order and the parents will still be required to follow it.
It is important to note that the court that originally entered the order will typically be the court that oversees any modifications. This means that the parent may have to travel back to Texas if they need to change their order in the future.
How Does the Federal Parental Kidnapping Prevention Act Apply in Texas?
The Parental Kidnapping Prevention Act (PKPA) is a federal law that can help with jurisdiction issues in Texas child custody cases. The PKPA outlines rules courts should follow when handling child custody cases to help deter conflicts.
When a court is determining whether or not to enforce a child custody order from another state or tribe, the PKPA must be followed. This is also true if the court is determining whether to exercise jurisdiction even in cases where a custody proceeding is pending in a different jurisdiction.
Under the PKPA, the child’s home state usually has preferred jurisdiction. It also provides that a court cannot exercise jurisdiction if there is already another valid custody proceeding pending in a different state.
These issues can be confusing for individuals who do not have a legal background, so it is important to reach out to a family lawyer in Texas for more information on how it can affect a case.
Do I Need a Texas Lawyer for My Issues With Interstate Child Custody and Visitation?
If you have any questions or concerns about issues related to interstate child custody and visitation in Texas, it is essential to have help from a Texas child custody lawyer. Your attorney can help ensure that you understand how state and federal laws apply to your situation and ensure your rights are protected under both sets of laws.
Your attorney will help ensure that your arguments are presented showing that what you are requesting is in the best interests of your child. Your lawyer can also help you make sure your custody and visitation order is enforced both in and out of Texas.
Your attorney can also help you reach an agreement about your custody and visitation arrangements or update your existing Texas order. You can use LegalMatch at no cost to find a Texas child custody attorney in your area who is ready to get started answering your questions and resolving your issues.
It will only take about 15 minutes on the LegalMatch website to submit your questions or concerns about your Texas child custody and visitation issue. Whether you are simply looking for advice or are involved in a contentious custody battle, LegalMatch member lawyers in Texas can help.
