Custody And Visitation Issues In Texas
In This Article, You Will Discover…
- When parents must continue to pay child support,
- What happens if a parent loses their job, and
- When court is necessary to make temporary changes.
Can Parents Concerned About Their Children’s Health Or Safety When They Visit The Other Parent Refuse To Follow The Court-Ordered Visitation Schedule?
Refusing to follow the court-ordered visitation schedule may have consequences. Suppose you have a valid immediate concern and do not have an opportunity to seek a temporary restraining order. In that case, a court may forgive you for withholding the child from scheduled visitation. However, that would have to be severe, such as the parent partaking in a heinous crime or the child getting hurt badly in the parent’s care during their visitation period.
Rather than denying a scheduled visitation period, the better course of action is to seek a temporary restraining order requesting that no contact be had between the other parent and the child until the court holds a hearing about your request. Once that temporary restraining order has been signed, it does give the custodial parent the right to withhold the child from visitation until a ruling by the court, if the restraining order specifically requests no contact until further court order.
Do Parents Who Lose Their Job Still Have To Pay Child Support?
Parents are still obligated to pay child support even if they lose their job. Unemployment is considered a legal excuse under the law, but most courts don’t view it as an acceptable excuse, especially for very long periods. Ultimately, parents make up the missed payments. The best thing to do is seek another job immediately.
Is Court Necessary To Make Temporary Changes To A Visitation Schedule?
Whether a court hearing is necessary to make temporary changes to a visitation schedule depends on several factors, such as how long the temporary agreement will be.
If the temporary changes will last a month or some other short period, and the parents agree on everything, then there is no point in setting a hearing.
If the temporary changes will last for a year or two, making changes through the court is recommended, even if an agreed modification is simply filed for the court’s consideration.
Lastly, relief may be possible through the court if there is no agreement.
What Happens If A Custody Order Is From Texas, But One Party Moves To Another State?
If the child moves out of the county continuously for six months, Texas law says that the new county the child has been living in for the past six months is the child’s county of residence. If you need to seek a modification after that period, the proper way to do that is to request a transfer of that order and that proceeding from the court that signed the order to the new court in the new county. The court that signed the order is considered the court of continuing exclusive jurisdiction until that transfer occurs.
If A Parent Is Concerned That The Custodial Parent Will Try To Move Their Child Far Away Or Out Of State, What Can They Do?
If there is a genuine concern, ensure that the custody order has some geographic restriction during the hearing or agreement. A parent can also request a travel restriction.
Depending on the circumstances, the court may continue that travel restriction in a final order. When pleading for that relief, international abduction safeguards can be implemented.
Otherwise, withholding a child because somebody moves to another state is not a good idea. However, if the other parent does take the child and go far away and there is no opportunity to stop them, file for a writ of attachment to have the child returned.