How Do Texas Courts Handle Custody When Parents Live Far Apart?

 Posted on August 30, 2025 in Child Custody

Parents who live far apart typically have more complex custody issues to handle. You want to stay close and connected with your child, but long distances can make a typical schedule unrealistic. Texas courts know this, and their goal is to protect your child’s best interests while creating a plan that works for your family. Our experienced Austin, TX child custody attorneys can guide you through these challenges and help you build a parenting plan that fits your situation.

What Is the Uniform Child Custody Jurisdiction and Enforcement Act?

One law that often comes into play when parents live in different states is the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Texas adopted this law to prevent parents from filing competing custody cases in different states. Under the UCCJEA, your child’s "home state" generally has the power to make custody decisions. That home state is usually where your child has lived with a parent for at least six straight months before the case starts. The law also allows states to work together, so you are not stuck with confusing or conflicting court orders from multiple states.

You will likely run into the UCCJEA if one of you moves across state lines. For example, if your child has lived in Texas for six months and the other parent files a case in Oklahoma, Texas would usually have jurisdiction under Texas Family Code §152.201.

Factors Considered by Texas Courts When Deciding Custody for Long-Distance Parents

When parents live far apart, Texas courts look at several factors to make sure the custody order is practical and supports the child’s best interests. They often consider your child’s age and developmental needs, since younger children may struggle with long separations. They review the child’s school schedule, community ties, and the ability of each parent to provide stability.

The distance between households, travel costs, and each parent’s willingness to cooperate are also important. Courts may ask whether both of you can maintain consistent communication with the child through phone calls, video chats, or emails. By weighing these factors, judges aim to create a plan that preserves the child’s relationship with both parents, even across long distances.

Examples of Common Parenting Plans for Parents Who Live Far Apart

When you live far from your child’s other parent, frequent short visits may not work. Courts often approve longer, less frequent visits that give you meaningful time with your child. Common examples include:

• Extended summer visits: You may get at least 42 days during the summer if you live more than 100 miles away.

• Holiday rotations: Holidays like Thanksgiving, Christmas, and spring break are split between parents, sometimes alternating every year.

• Monthly visits: If you and the child’s other parent live within driving distance of each other, you may still have one weekend per month, though travel or overnight trips may be needed.

• Virtual visitation: Courts increasingly allow video calls, email, or text messaging to help you stay connected when you cannot be together in person.

The key is creating a plan that fits your child’s needs while helping you stay active in their life. Judges encourage flexibility because it helps your child feel supported, no matter where you or the other parent lives.

Contact a Travis County, TX Child Custody Attorney

If you are dealing with custody challenges and distance is a factor, we can help. At Powers Kerr & Rashidi, PLLC, we understand the stress you are under and the importance of protecting your relationship with your child. With more than 40 years of combined experience, our Board Certified Family Law attorneys, recognized by the Texas Board of Legal Specialization, provide a strategic and compassionate approach to custody cases.

Call us today at 512-610-6199 to set up a consultation with trusted Austin, TX child custody lawyers. We will listen to your concerns, explain your options, and build a plan designed to keep you connected with your child while following Texas law.