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RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 13636
Experience:  Experienced in multiple areas of the law.
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My 15 yo daughters father just moved to Texas, we had a

Customer Question

my 15 yo daughters father just moved to Texas, we had a court order here in NY does this revoke his rights to visitation? Does he have to take me to court to change the visitation and am I correct in not letting her go to Texas until then
JA: Because laws vary from place to place, can you tell me what state the court order was issued in?
Customer: New York
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: we had vistation set and he left with out setting anything up
Submitted: 7 months ago.
Category: Family Law
Expert:  RobertJDFL replied 7 months ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Expert:  RobertJDFL replied 7 months ago.

Good evening,

Parents are free to relocate, and doing so does not revoke their right to visitation or contact with their child/children. Other state courts would recognize an out of state court order, however, it's obvious that the visitation schedule you likely had in place when the father was living in the same state won't work now. That doesn't mean you should deny the father visitation with his daughter -if the two of you can work out some sort of arrangement, you should do so. Denying visitation (or worse still, contact) would only reflect poorly on you.

One or both parents could file for a modification of custody asking to change the current child access schedule. The filing party would still have to show that there has been a material change in circumstances but a parent moving out of state is usually considered a enough of an important factor to warrant a change in the schedule.

Expert:  RobertJDFL replied 7 months ago.

Was there anything I could clarify for you or additional information you needed about this question?

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