[TX] If my child is under the age of 3, will that impact a child visitation agreement where one parent is in another state?
June 17, 2025
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Yes, it is an issue and concern, based on the child's age; the long-distance travel might be considered to be not in the best interest of such a young child (Texas Family Code § 153.002). With that being said, he may have to return to CA, for now, for visitation, since the child is young and cannot travel on their own. And if he decides to move, it should not be you who would have to bring the child to him on a plane. You can agree to visitation and for him to return, but you cannot go back and forth because of money and time, if he moves to California and you are in Texas.
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How does a child visitation agreement work, for a child under the age of 3, when one parent is out of state?
I understand the importance of ensuring visitation arrangements work well for young children. Is the out-of-state parent currently involved in the child's life?
Yes, but as of Thursday May 8th we were only allowing video chat visitation until an agreement was signed.
How far away is the out-of-state parent, and how often do you envision visitation taking place?
One parent will be in California and the other is in Texas.
Is there anything else the Family Lawyer should know before I connect you? Rest assured they'll be able to help with visitation across state lines.
I don't think so. When both parents were in Texas we were going to do joint custody and alternate weeks for visitation.
This is Alex, Esq., and welcome to AskaLawyer.
I know you have questions and concerns about visitation and the minor child. It is frustrating to have to deal with this. Can you share with me what is happening and in place at this time?
The father’s child and I are married. We recently just separated (not divorced) Thursday May 8th. The father and I are currently both in Texas and we agreed he was allowed to do video chats with our child till an agreement is signed and set in place. The father just told me today he would possibly have to move to California so we're trying to figure out what options are there for an agreement when one parent is out of state? Before, with us both here in Texas it was going to be joint custody and alternate weeks while doing split day holidays.
Yes, it is an issue and concern, based on the child's age; the long-distance travel might be considered to be not in the best interest of such a young child (Texas Family Code § 153.002). With that being said, he may have to return to CA, for now, for visitation, since the child is young and cannot travel on their own. And if he decides to move, it should not be you who would have to bring the child to him on a plane. You can agree to visitation and for him to return, but you cannot go back and forth because of money and time, if he moves to California and you are in Texas.
He will be the one in CA and I will be here in Texas. We know once the child is of school age the normal route is one parent has the child during the school year and the other gets the child for spring and summer break. As for a child that is under school age, what could be our options?
It would be what you and he want to work out. It has to do with going back and forth to get the child. Do you want to share custody and each of you have the child for 2-4 weeks at a time?
He mentioned maybe doing alternate 2 months at a time, is that possible?
If you and he agree, that is fine. When the parents agree and there are no issues, the judge should consider it, or you and he can do this informally.
Actually, how would we write that out for the parenting schedule?
I think it is best to retain a family law attorney to do so, but if you wanted to do it informally, a template online.
Thank you.
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