Beaumont, TX asked in Family Law and Child Custody for Texas

Q: I'm looking for clarity on the "Parents who reside more than 100 miles apart".

My son's mother is claiming that she lives more than 100 miles because 1 of the 3 routes to her house is 102 miles. The other 2 routes are 82 and 87 miles.

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4 Lawyer Answers
Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
Answered
  • Divorce Lawyer
  • Houston, TX
  • Licensed in Texas

A: Your ex needs to quit playing games, Tell her the route you take with the miles and ley her know that you intend to follow the court order,

John Michael Frick
John Michael Frick
Answered
  • Divorce Lawyer
  • Frisco, TX
  • Licensed in Texas

A: For purposes of what possession schedule applies, the distance is “as the crow flies.”

Since there are two driving routes less than 100 miles, the distance is unquestionably less than 100 miles.

The choice of driving route is up to the parents, but doesn’t impact what possession schedule applies.

Sharita Blacknall
Sharita Blacknall
Answered
  • Divorce Lawyer
  • Plano, TX
  • Licensed in Texas

A: If you possess documentation demonstrating that the distance between the residences is less than 100 miles and if your court-ordered visitation rights are being denied, you may file a motion for enforcement. In this motion, you may request that the mother be held in contempt of court. Additionally, you may request that if your motion is granted, the court order the mother to reimburse you for your attorney's fees and to provide you with make-up days for the days you were denied, as well as additional days.

Juan G Ramos
Juan G Ramos
Answered
  • Divorce Lawyer
  • McAllen, TX
  • Licensed in Texas

A: I think the general consensus will be you live within 100 miles. Interestingly, though if your order follows the standard visitation schedule you may just want to go with Mom's, albeit wrong assertion, since you could benefit from added time.

For example, even if you live 100 miles or more, that standard possession schedule still allows you to select the standard weekend visitation plan on the 1st, 3rd, and 5th OR the predesignated weekends. So you can still follow the traditional plan. The added benefit you will get will be getting an additional 12 summer days and every spring break.

So you may really want to consider your response. Now this of course goes out the window if you are being denied visitation altogether. Then you need to enforce your visitation.

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