Seeing Your Children Over Long Distances
Texas law encourages frequent and meaningful access to both parents, regardless of geographical location. Life can sometimes cause distance to exist between parents and their children that are subject to a Texas custody order. Courts will often look at who moved away first and for what reason. If the parent with custody moved away, the court can make orders relating to adjustment of support, possible shared costs on travel for the children, and an access order that supports the maximum time with the other parent as extended summer time possession and holiday possession.
Enforced Long Distance Child Visitation
If a parent that has visitation had to move for legitimate work purposes and this caused distance between the parent and the children, the court will consider the payment history of child support and the efforts of the parent to participate in the lives of the children.
Parental Alienation & Child Custody
It is important that if there are issues of parental alienation by one parent with custody to the other parent with visitation, that an enforcement pleading be added to the modification to address any violation of a previous court order with a request for consequences against that parent for intentionally violating the order. If violations are confirmed through clear and convincing evidence that one parent requesting access followed the court order precisely and the other parent denying access did so intentionally, it may be persuasive to the court to modify custody due to the consideration that it is not in the best interest of that other parent to maintain the duty of designating the primary residence of those children.
For more information regarding custody order modifications in Texas , call The Barrera Law Firm at 956-428-2822, or reach out to us online.
