Protecting What Matters Most
by James Evans - July 21st, 2015
If you’re trying to establish or defend your primary custody over your children, there are a few major errors you just don’t want to make. One of the top offenders on your list of “don’ts” is pulling your kids out of school and taking off for another location. Technically, you’re within your rights to do so as a parent as long as there’s no court order in place to stop you, and in a particularly bad situation you may feel you have no choice. But that court order could always come – and in the meantime, how is your action going to look in the eyes of the court?
It’s one thing to make a planned move with the full knowledge and consent of the other parent and the court. But if your action doesn’t sit well with that other parent, be prepared for a legal response. In the face of a sudden move, the parent who remains has the right to go to court and “snap back the other parent.” This means that the court can demand that you return your kids or risk contempt of court or even potential jail time. Some judges will even tell parents that they’re free to go wherever they wish – but their kids aren’t going with them.
If you feel the need to relocate your kids, don’t just suddenly move them to another state and set them up with new schools, doctors, et cetera. Always coordinate your plans with your attorney, the other parent, and the court, and you may be able to carry out your relocation with no trouble. But if you just pull up and leave without even telling the other parent, you’ll draw a major red flag indicating that your parental judgement isn’t strong enough for primary custody. You’ve been warned!
Are you seeking primary custody or fighting to maintain that primary custody? If so, there are some primary missteps you never take. Let’s look at one of the biggest “don’ts” on the list – withdrawing your financial support without proper permission and documentation.
Providing the agreed-upon amount of child support is a critical indicator of your judgement as a parent and your willingness to help ensure your children’s current and future well-being, even if it’s obvious (at least to you) that they’re in no financial peril or that they’re aligned with the other parent. This doesn’t apply solely to alimony, either. If you’ve been saving up to help you child get a car, for example, and the child is now almost old enough to make that purchase, you might think it reasonable to go ahead and shut that funding down – but don’t do it. If your child has special therapeutic or other medical needs, don’t withdraw your support for that care. If you’re paying toward your child’s private school enrollment, don’t pull the plug on those tuition payments without consulting your lawyer first.
Regardless of whether you feel that the amount of money you’re paying is just, you cannot modify the terms of court-ordered child support to suit your whims, even if your own finances are taking a beating in the process. Remember that you have to make your play for primary custody to the same court you’re disobeying. You must do everything you can to reassure the court that you possess the proper judgment and values to receive primary custody. If you need to have the amount adjusted in keeping with financial challenges, there are proper channels for requesting that. But talk to your lawyer before making any kind of alterations to your financial support
Our Austin family law attorneys handle a wide range of matters, including divorce, child custody, child support, spousal support (alimony), property division, prenuptial and postnuptial agreements, adoption, and modifications of court orders. Whether your case is straightforward or highly contested, our team provides personalized legal guidance to protect your rights and your family’s future.
The timeline for a divorce varies depending on the complexity of the case and whether it’s contested or uncontested. Texas law requires a 60-day waiting period after filing before a divorce can be finalized, but contested cases involving disputes over property, custody, or support can take several months or even longer to resolve.
An uncontested divorce occurs when both spouses agree on all major issues, such as property division, custody, and support. These cases are generally faster and less expensive.
A contested divorce, on the other hand, involves disagreements that require negotiation, mediation, or a court decision. Our attorneys are experienced in both types of cases and can guide you through either process efficiently.
In Texas, the court’s primary concern is always the best interest of the child. Factors considered include each parent’s ability to provide for the child, the stability of each home environment, the child’s relationship with each parent, and, in some cases, the child’s preferences. Our Austin family lawyers work hard to protect your parental rights and achieve an arrangement that supports your child’s well-being.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney James Evans, who has more than 20 years of legal experience as a family law attorney.
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