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Barbara L. Jouette, Attorney, P.C.
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What to do if your child has been relocated

A divorce settlement may cause arguments between a couple that result in disagreements about their visitation agreement plan. In Texas, the custodial parent is the guardian for their child and can either have sole managing conservatorship or joint managing conservatorship. Depending on the type of conservatorship, the primary parent may have the right to determine where the child lives.

Often couples who are unable to reach an agreement for visitation can start to feel resentful towards each other. Sometimes the court allotted plan is difficult for the noncustodial parent to adopt. In this case, one parent may be frustrated by the other parent's failure to adhere to the parental visitation rights form they agreed to follow in court. The parent might decide to relocate for such reasons as interference or disruption by the non- custodial parent. Even worse, the relocation might be kept a secret from the noncustodial parent.

If you are already having issues with your ex-spouse regarding visitation, you may want to make sure that they are aware that is unlawful under any circumstances to move away with your child without your consent. If this does occur, you may want to file a restraining order, which states that the other parent is not legally authorized to remove your child from their home.

You have the right to have an attorney who can press charges and prove that the relocation was not legal and ensure the other parent is held responsible. These kinds of acts cause a lot of strain and anguish for the child and can have lifelong effects. Consider hiring an experienced attorney who is skilled in child custody cases to represent you in a court of law.

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