A Texas appeals court has upheld an updated custody arrangement between a mother living in Portugal and a father living in Texas. The decision brings an end to years of legal disputes over parental access to their two teenage children. The Texas Third Court of Appeals issued a written decision confirming a lower court’s order that gives the mother a clear visitation schedule. Under the approved plan, the mother will have custody of the children during summer breaks, spring breaks, and alternating major holidays. She will also have regular weekly phone and electronic contact with them during the school year, when the teenagers live with their father in Texas.
Origin of the legal dispute
The legal dispute began after the parents divorced in 2012. At first, they shared joint custody while living in Texas. In 2022, the mother accepted a place in a PhD programme in Portugal and asked the court to change the custody agreement. She wanted to remove the rules limiting where the children could live. She also asked for permission to obtain passports for the children. The father later filed his own request, asking the court to give him primary physical custody. He also wanted strict rules for any international visits by the children. After a hearing, a Hays County district court changed the children’s primary residence to the father’s home. However, the court created a flexible visitation plan based on agreements between the parents and the teenagers’ personal schedules. The mother appealed that first decision. She argued that relying on informal agreements made her visitation rights unclear and difficult to enforce legally. The appeals court agreed with her in an earlier ruling. It instructed the district court to prepare a clear schedule that listed the dates and conditions for her time with the children and her communication with them.
District court establishes detailed schedule
Following the appeals court’s instructions, the district court held further proceedings to create a clear visitation schedule. The new plan took international travel and the children’s school calendars into account. Under the final order, the mother received specific summer visitation rights. Her time with the children would begin shortly after the school year ended and finish before classes started again in August. She was also given set periods during holiday breaks. To help her stay in regular contact with the children despite the distance between the two countries, the court ordered weekly telephone calls during the school year. The trial judge also appointed an attorney to prepare the formal court order based on these terms. The mother objected to this process and also challenged the decision about how court costs should be divided. These objections led to a second appeal.
Appellate court affirms ruling
In its latest decision, the Texas Third Court of Appeals rejected the mother’s challenges to the district court’s procedures and the visitation schedule. The appeals court found that the district court had acted within its legal powers when it created a clear and enforceable visitation plan. The judges said the arrangement balanced the mother’s decision to move to Europe with the teenagers’ need for educational and social stability in Texas. The court also found that the set summer visits, holiday breaks, and weekly telephone contact provided enough protection for the mother’s parental rights while keeping the children’s best interests at the centre of the decision.