If the primery caregiver moves a child out of the area they were to stay in, is it then there responsibility to bring the child back for visitation?

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If the primery caregiver moves a child out of the area they were to stay in, is it then there responsibility to bring the child back for visitation?

Asked on December 11, 2012 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Generally speaking, the custody orders will control. So if the custody orders contain a provision for one parent moving a certain distance and the same provision determines who will pay for travel for further distances-- then that will control.  If there is no order in place, then generally, the parents are required to split the costs.  However, you note a second part to your question with "out of the are they were to stay in."  If one parent was ordered to reside in a particular county, but moved without modifying the decree, then the other parent could make an equity argument that the parent who moved should absorb the costs (coming and going), since they violated the court's orders by moving.  For this type of remedy, a parent would need to file a suit to modify or clarify the court's orders regarding this issue.  If the parent violated by moving without authorization, the same suit could be combined with a motion to enforce the court's orders.


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