Separated parents are often faced with the question of whether they can take a child out of state or the country without the other parent’s permission. The answer to this question is not always clear and may depend on whether there is custody order in place. To avoid any issues, parents in this situation should consult with an Austin family attorney before embarking on your trip.
If a parent takes a child out of state or the country against the wishes of the other parent, there could be consequences imposed. If taking removing the child is contrary to a court order, it could result in contempt. Also, it may result in criminal charges under the Texas Penal Code for interference with child custody. This could result in fines and incarceration.
To avoid the possible consequences, there are some things parents can do to avoid problems. First, ask for the other parent’s permission. If they agree to allow you to participate in the trip, get their permission in writing. Second, if the other parent refuses to give permission, relief may be obtained through leave of the court. An Austin family attorney may assist with this process.
Overall, it is important that you keep the other parent informed about your intentions and to make them aware of your travel plans. Removing a child secretly from the state or country, without the other parent’s knowledge, could have significant consequences.
If you live in Texas and have plans to remove a child from the state or country, you should contact an Austin family attorney from the Jackson Law Firm for legal advice about how to proceed. An experienced family law attorney from the Jackson Law Firm will be able to assess your situation and give you guidance about how to proceed. Call to schedule an appointment.