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The 100-mile rule for child custody

| Mar 31, 2021 | Child Custody |

If you’re getting divorced in the state of Texas, it’s important to know about the 100-mile rule when it comes to custody. If parents live more than 100 miles away from each other, the noncustodial parent is entitled to choose one weekend out of the month to spend time with his or her children. The custodial parent must be aware of this within two weeks of the scheduled weekend visit, or the noncustodial parent can choose the first, third or fifth weekend of the month.

More on the 100-mile rule

In a long-distance custody plan, it is important to consider the time children lose with either parent during the traveling time. This is why it is crucial to incorporate parenting time into travel. Including engaging activities during travel could serve as an ideal opportunity for children and parents to strengthen their relationship. Whenever possible, the parent who is receiving the children should accompany them on their trip.

If ex-spouses have entered into a 100-mile custody agreement, the noncustodial parent must notify the custodial parent of frequent weekend visits a minimum of 90 days before the visitation schedule begins.

Weekday visitation

After a divorce, parents who are spending weekdays with their children usually engage in everyday activities like preparing meals or helping with homework. If noncustodial parents are planning on doing these activities, it’s important to have all items on hand, so more time can be spent on strengthening the parent-child bond.

It may not be possible for noncustodial parents who live over 100 miles away from their children to engage in weekday activities. This is why creative ways to connect, like speaking to your child every night on the phone or video chatting for bedtime stories, can prove helpful. It is important for both individuals to agree on how the noncustodial parent will communicate with his or her child on weekdays.

Working with a qualified family law attorney can make custody arrangements more manageable for parents and their children.