Question:
I am planning on taking my child out of state to visit family during my parenting time over the holiday break.
My ex-wife is furious about this and is threatening to deny my visitation rights.
Am I allowed to take my child out of state during my parenting time?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Texas divorce laws where I am licensed to practice.
Whether you can take your child out of the state depends on the specific terms of your visitation outlined in your child custody agreement. If there are no specific restrictions regarding you removing your child from the state during your parenting time then you should be able to do so.
If your ex-wife does not allow you to do so then she may be in violation of the order and you may have to go to court for enforcement of your visitation rights.
As long as you comply with the requirements for visitation such as giving your ex-wife the requisite notice and list of addresses where you will be with your child then you should not have a problem.
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You should read your custody agreement in conjunction with any other order you may have regarding your visitation.
If you feel that your order is too vague and leaves room for your ex-wife to dictate the terms in which you can visit with your child then you may want to consider filing a motion to modify your visitation to indicate specific terms regarding removing the child from the state during your visitation periods.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Texas Divorce Lawyer Ijeoma A. Ugoezi, contact Cordell & Cordell.
