Over 100 Mile Child Visitation
The Texas Family Code calls for Standard Child Visitation for over 100 miles when two parents live far away from each other. Each scenario is different just like those parents who live within 100 miles of each other. Judges must take in to consideration the actual distance, drive time, traffic, school dismissal work schedules, extra-curricular activities, airports, connections, etc… Continuing frequent contact with the non-custodial is paramount in sustaining a meaningful relationship between parent and child.
If you are in a similar situation our Austin family law lawyer has the following advice:
KIDS FIRST
Living far from one parent is tough on children. They spent their entire week with the custodial parent and must travel to see the other parent. Every effort should be made to facilitate the best scenario for visitation depending on each person’s situation. Allowing children to attend and participate in extracurricular activities should be important; however, meaningful relationships between parents and children are always a top priority. There is a delicate balance in allowing a child to attend an extracurricular activity instead of traveling to a parent’s residence for the weekend.
Depending on the distance from your child the Family Code allows for an ‘Alternative Weekend Period of Possession. This essentially means that you can designate one weekend per month during the school year for visitation with your child. For those who live a great distance from their children this is the optimal scenario. There are those who live over 100 miles but are still able to see their children on the 1, 3, 5th weekends of the month. This is still available to all but in cases where children reside a great distance from their parents, one weekend per month is more suitable.
LONG DISTANCE VISITATION CHILD VISITATION
When parents live so far away that a flight is necessary the parties can enter in to agreements concerning long-distance access to children. This provision mostly calls for the parents to abide by certain rules for getting children to airports on time with flight information given to the other parent and escorts in place should they need to be used. Parents are typically allowed to escort their children to the gates when they are flying with an escort and should look at the specific carriers for more information. It is always a good idea for those who send their children on flights to try and utilize flights that do not require any connections.
HOLIDAYS AND SUMMER
Parents who reside over 100 miles are entitled to more time during summer and spring break than those parents who reside under 100 miles. If you live over 100 miles away from your child the Texas Family Code awards you every Spring Break to ensure quality time with your child in the Spring. The Family Code also provides non-custodial parents 42 days in the summer. This allows for longer periods of possession to make up for lost time during the school year. Long distance flight arrangements still apply for those trying to get children to and from another city.
If you need help with long distance visitation plans please call Newberry Law, PLLC and arrange a consultation with Austin divorce lawyer, Joe Newberry. We have helped many families over the years to not only get child custody, but also a child visitation schedule that works for them and helps to maintain the relationship between the children and the non-custodial parent.
