Warren & Migliaccio, L.L.P.

Dallas Family, Bankruptcy and Personal Injury Lawyers

Call For A Free Consultation (888) 550-6702
  • Our Team
    • Gary Warren
    • Christopher Migliaccio
    • Jonathan Frederick
    • Dan Varkey
    • Traci Diamond
    • Christopher R. Konneker
    • Sabah Hafiz
    • David Lane
    • Morgan Gill
    • Brandon Beuerlein
    • Client Testimonials
  • Camp Lejuene Victim Support
    • How we can help
    • Top 5 Questions and Answers About the Camp Lejeune Lawsuits
    • Symptoms of Water Contamination
  • Bankruptcy
    • Debt Resolution
    • Chapter 7 Bankruptcy
    • Chapter 13 Bankruptcy
    • Benefits of Bankruptcy
      • Stop Creditor Harrassment
      • Keep Your Property
      • Stop Foreclosure
      • Eliminate Credit Card Debt
      • Repair Your Credit Score
    • Bankruptcy Myths Debunked
    • Creditor Harassment
    • Tax Debt
    • Wage Garnishment
    • Bankruptcy Video Center
    • Why Meet with Chris?
    • FREE Bankruptcy E-Book
  • Debt Lawsuit Defense
    • Being Sued by Debt Collector? What you need to Know.
    • What to do when you are being sued by Credit Card Company
    • Is it possible to be Judgment Proof?
  • Family Law
    • Divorce Timeline and Roadmap
    • Child Custody
      • Types of Child Custody Orders in Texas
      • Child Support Modifications & Enforcements
      • Child Support: The Details You Should Know
    • Contested Divorce
    • Spousal Maintenance and Support
    • FREE Divorce E-Book
    • Military Divorce
  • Estate Planning
    • Last Wills and Testaments
    • 9 Reasons You Need a Revocable Living Trust in Texas
    • Making and Funding a Living Trust in Texas
    • Is It Time to Update Your Estate Plan?
    • Dying without a Will
    • Estate Planning Packet
  • Next Steps
    • Next Step
      • Make a Payment
      • Richardson Office
      • Dallas Office
    • FAQs
    • Articles
    • Blog
    • Get Tax Transcripts or Tax Returns
    • Get Your Free Credit Report
    • How to create a Skype Account for Virtual Video Meetings

What are my child custody rights if my spouse moves out of state?

Post by Christopher Migliaccio

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.

FAQ Category: Child Custody

Get Help Now!

Schedule a Free Consultation

If you need to speak with an attorney at Warren & Migliaccio, L.L.P.  submit our contact form or call either our Richardson or Dallas location to schedule a free consultation. We’re happy to meet at your convenience. Contact our firm today for legal counsel from experienced attorneys.

Practice Areas

  • Bankruptcy Attorney and Chapter 7 & 13 Lawyer Dallas, TX
  • Chapter 7 Bankruptcy Attorney
  • Chapter 13 Bankruptcy Lawyer
  • Child Custody Attorneys
  • Child Support
  • Dallas Divorce Attorney
  • Family Law
  • Spousal Support
  • Personal Injury

Recent Posts

  • What Do I Do if Absolute Resolutions Investments, LLC Is Suing Me in Texas?
  • What Do I Do if Velocity Investments LLC Is Suing Me in Texas?
  • What You Should Know if Facing a TD Bank Debt Collection Lawsuit in Texas
  • What to Expect if Being Sued by Citibank for Credit Card Debt in Texas
  • Estate Planning For “Just In Case” Scenarios

Locations

Richardson/Plano Office
3600 Shire Blvd #205
Richardson, Texas 75082
(972) 684-5051

Dallas Office
10440 N Central Expy #800
Dallas Texas 75231
(214) 974-3965

Follow Us

facebook logo twitter logo youtube logo


More Resources
Blog
Articles
PaymentPortal

Pick a Topic and Empower Yourself

  • Bankruptcy
  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy
  • Child Custody
  • Child Support
  • Personal Injury
  • Divorce
  • Divorce & Your Children
  • Family Law
  • Stop Foreclosure
  • Spousal Support
  • Auto Accidents
HomeDisclaimerPrivacy PolicyTerms of UseContact UsSite Map
© 2023 Warren & Migliaccio, L.L.P. All Rights Reserved