Your rights for child custody if your spouse moves out of Texas with your children are going to vary depending upon your marital status and your custody agreement. If your spouse moves without your permission and you’re still married and have no formal custody or separation agreement in place, generally you will need to take legal action using a Dallas child custody attorney.
Your spouse can take the children wherever he or she wants while you are married and there is no court order or custody agreement preventing it, so you will typically need to file for separation or divorce if you want to compel your spouse to return the kids. Usually, however, there should be a good-faith reason for the move.
If you are separated or divorced and there is a custody agreement in place that requires the children to remain within the state or remain available for regular visits, then your spouse is breaking the law if he or she took the children outside of the state without permission.
You can contact an experienced Dallas child custody attorney who will advise you on how to proceed. Your spouse may be held in contempt for violating the custody order or even charged with parental kidnapping.
If your custody agreement does not expressly prevent your spouse from moving out of state with the children or guarantee you visitation, then you may petition the court for a modification of your agreement if your spouse tried to take the children out of state.
A move to a new location can constitute a material change in circumstance and can result in the court making changes to your original agreement or preventing your spouse from moving with your kids. Whether the court will forbid the move or not will depend upon what is in the best interests of the child.
To learn more about how a Dallas child custody attorney can assist you in a child custody dispute, contact Warren & Migliaccio, L.L.P. today at 888-584-9614. Warren & Migliaccio, L.L.P offers quality legal services and counseling to clients in the North Dallas area. Warren & Migliaccio, L.L.P. practices law in Dallas County, Collin County, Rockwall County, and Hunt County.
