San Antonio, TX asked in Child Custody and Family Law for Texas

Q: can a custodial parent leave to another state with child if a child support order exist, we are still married

my wife and i are separated and she moved from San Antonio TX to Henderson NV, she did not notify me that she was moving. I have not seen my son since April, because she has been using covid as a reason, but she sent my mother a letter that she left town along with photos of my son from trips she has taken him on during this whole pandemic. what rights do i have to make her honor our visitation arrangements set forth by the child support contract. I am current on payments. how can she just pick up and move without notification.

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2 Lawyer Answers
Hon. Richard W. B. Davis
Hon. Richard W. B. Davis
Answered
  • Divorce Lawyer
  • Bryan, TX
  • Licensed in Texas

A: If there is an Order in place authorizing you to have visitation, she cannot legally use the COVID crisis as a reason to deny you visitation. Also, if there is a geographic restriction on your son's residence, she may be in contempt for moving your son out of that area.

Sharita Blacknall
Sharita Blacknall
PREMIUM
Answered
  • Divorce Lawyer
  • Dallas, TX
  • Licensed in Texas

A: Check your order to see if there is a geographic restriction that does not allow her to move to another state. If there is you can hire a lawyer to file an enforcement action. In addition, COVID cannot be used as an excuse to deny visitation generally.

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