Law Office of Roland R. Esparza, P.C.

Call Toll Free888.447.9456

Local Calls210.807.8158

Hablamos Español

View Our Practice Areas

Do Texas child custody laws allow you to travel with your kids?

Residents of San Antonio no doubt enjoy the privilege of being able to travel wherever and with whomever they choose. Yet if you are a divorced parent, are you able to travel with your child? Stories of international abductions often begin with parents taking their children to other countries with the promise that they will return, yet never doing so. Because of this, Texas has enacted laws to help prevent such incidents from happening. Such laws could prohibit your from traveling with your child both out-of-state and/or overseas.

When assessing whether there is a risk of international abduction, the court considers the following factors:

  •          Whether or not you have threatened to leave with the kids before.
  •          If there are few financial or familial ties keeping you here, or conversely, if you have strong ties to other countries.
  •          If your residency status has changed.

You may even be asked to answer for recent actions that could appear as though you are trying to facilitate an escape with your kids, such as quitting your job, selling your home, closing bank accounts, or even requesting copies of your kids’ medical and school records or birth certificates.

If it’s determined that you are a potential flight risk, the court can place travel restrictions upon you and your child. This can include having to surrender both yours and your child’s passport. They could even go so far as to temporarily reassign yours and your ex’s managing and possessory conservator roles.

If you wish to travel with your children, your best chance at gaining the privilege to do so may lie in working with your ex to establish a travel arrangement that suitable for both of you. This may help to loosen any travel restrictions the court could place on you. 

No Comments

Leave a comment
Comment Information