Is the Non-Custodial Parent Responsible for Transportation? - Linda Leeser

From Family Matters Law Firm PLLC - Is the Non-Custodial Parent Responsible for Transportation? explores the responsibilities of divorced or separated parents when it comes to transporting children for visitation, especially within the framework of Texas family law. The article highlights that many questions arise about who should handle travel logistics, especially when custody agreements do not explicitly outline this duty.

In most cases, transportation duties are guided by the Texas Standard Possession Order (SPO), which often assigns this responsibility to the non-custodial parent. The article emphasizes that unless the custody arrangement says otherwise, the default legal expectation is that the non-custodial parent ensures children are picked up and dropped off for scheduled visitations. This provision aims to maintain consistency and accountability while reducing friction between parents.

Legal specifics, including Texas Family Code § 153.316, are also discussed. This statute permits the non-custodial parent to designate another competent adult to fulfill transportation if needed and requires them to notify the custodial parent if they cannot meet their obligation. These measures are intended to maintain flexibility while safeguarding the child’s safety and the rights of both parents. Proper communication and documentation are strongly recommended if changes to transportation responsibilities are mutually agreed upon.

The overarching theme throughout the article is the prioritization of the child’s best interests. Courts consider multiple factors when addressing transportation concerns, including the distance between parental residences, the child’s schedule, and overall welfare. The article encourages parents to be proactive in establishing clear, written agreements and reminds readers that legal advice can be invaluable when navigating disputes or complexities in custody arrangements.

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