New Braunfels, TX asked in Child Custody and Family Law for Texas

Q: How can I ensure frequent contact with my son if ex moves away?

I have a 5-month-old son with my ex-girlfriend. We are not married, but I am legally recognized as his father and have been involved daily since his birth. Recently, she caught me on a dating site. I was on the site because we haven't been loving towards each other and have been sleeping separately. Now she plans to move to her parents' home, 3 hours away, allowing me to see my son only on weekends. We have no formal custody agreement, and our relationship has been respectful with no previous communication issues. How can I ensure more frequent contact with my son despite these changes?

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1 Lawyer Answer

A: The first step is to file a Suit Affecting the Parent-Child Relationship (SAPCR) in family court. This will establish a formal custody and visitation arrangement and prevent her from making unilateral decisions about your access. You should also request a Temporary Orders Hearing, where the court can set an interim visitation schedule while your case is pending.

If the move would significantly impact your relationship with your son, you can challenge the relocation and request that the court either restrict the move or grant you more time with him to compensate for the distance. You may also seek Joint Managing Conservatorship (JMC) to ensure both parents share legal responsibilities and you have equal input in decision-making.

Acting quickly is crucial, as your ex has control over when you see your son without a court order. File the SAPCR to protect your rights and maintain a consistent, active role in his life.

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