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The Law Office of Lisa A. Vance, P.C.

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Divorce and Family Law Matters

We are now accepting clients statewide in Texas.

WE ARE WORKING!

As the situation with COVID-19 continues to develop and evolve, the safety, health and well-being of our clients and our team is extremely important to us. We are watching for the guidance of the Centers for Disease Control and international medical experts to learn how we can best manage our facility and our clients.

We would like to reassure you that The Law Office of Lisa A. Vance, P.C. will continue to be available to provide services to all of our clients.

Our lawyers and paralegals are working in the office and electronically, although most of us are working from home. Below is a list of FAQs regarding our response and commitment to you during COVID-19.

Can I even have a consultation with my lawyer remotely?

Yes, The Office of Lisa A. Vance, P.C. has a comprehensive remote working capability and all of our lawyers and paralegals are equipped to work securely from home.

Will my lawyer be available to answer questions and work on my case?

Yes, your legal matters will continue to receive our attention. You can email, call, or videoconference with your lawyer during this time.

We also have multiple videoconferencing options; please contact your attorney for the platform that works best for you

How are court hearings and appointments affected?

Court in Bexar County are now conducted by Zoom Please see our blog article Court via Zoom: It’s Actually, Really Court (and Here’s How It Works)

Can I consult with a lawyer about a new family law or divorce matter?

Yes, we have office staff working in house and remotely to ensure continuity in our business. For information about a family law or divorce matter, please call our office or complete the Request a Consultation Form.

Your family law matters remain our top concern and we are not going to permit this pandemic to take priority over your needs. We will remain confident, alert and prepared.

We wish you and your family well as we work through this difficult situation together.

With warm regards,
Lisa A Vance

 

 

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What happens if my ex takes my child out of the state or country?

| May 4, 2018 | Child Abduction, Child Custody |

Parents can get very territorial about their children in a divorce case, even after the divorce is final. Some can be so acrimonious that one parent doesn’t want the other to have any access to the children at all. In some cases, a parent may simply decide that he or she is best equipped to take care of the children. In any of these scenarios, there’s the potential for a parent to take extreme action: Moving with the children out of the region in which both parents live separately, sometimes even out of the state or out of the country.

So, on the occasions when this does happen, what recourse does the parent left behind have? It depends on how far away the children have been taken and whether the divorce has finalized or not-and a family lawyer with a firm dealing with these cases, as the Law Office of Lisa Vance is, can tell you what your options are.

The courts are generally very clear about ruling in the best interest of the children when it comes to divorce. Unless there’s some compelling reason that a parent shouldn’t see a child, such as abuse, the courts will typically rule that children have time with each parent, and the divorce decree will include the details of the parenting schedule.

Because of this, decrees are written with parenting time in mind, based on where parents live. In a previous article, we covered how it typically works if parents live more than 100 miles apart. If parents live in closer proximity to each other, there may be language in the decree stating what counties they can live in while the children are under age 18, to help preserve the continuity of their parenting time.

(For Bexar County divorces, it might include countries contiguous to Bexar County, or even up the I-35 corridor to Austin, but it would be designed so one parent couldn’t just up and move to Dallas or Houston on a whim.)

If a parent moves a child out of state, and a divorce decree is in effect, not complying with the parenting schedule within that decree will constitute a violation of a court order. That would most likely need to be enforced in the state where the court order exists.

If the divorce is still in process, it may be a little more complicated since no court order officially exists. In a number of these cases, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)-adopted in all states but Massachusetts-may be utilized to help get both states on the same page over which court has jurisdiction.

These cases require coordination with law enforcement and lawyers in the two states involved, and typically require a telephonic hearing and orders filed in both states to ultimately determine which state’s courts will move forward in resolving the case. These are not always easy cases to resolve.

If children are taken to another country, even a neighboring country like Canada or Mexico, guidelines in the Hague Convention on the Civil Aspects of International Child Abduction can be utilized by the lawyer for the parent remaining in the United States. As with interstate cases, these will involve law enforcement and lawyer interactions in each country in order to try to reconcile the situation.

The visitation time lost in such a scenario is most likely irreparably gone. However, the parent who lost parenting time can petition the court for makeup possession time – whether that request is granted depends on the judge that hears the case and how compelling he or she finds the arguments of the parties. The judge can consider the mitigating circumstances involved. Consulting with an experienced family lawyer is the best way to determine your best options.

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