Bridge City, TX asked in Family Law and Child Custody for Texas

Q: can I get a geological restriction lifted?

My husband is living and working 800 miles away for a rapidly growing company. I was just informed the property I live on is being sold and the person buying it will not be renting it out. I can not afford deposits and first months rent and everything entailed with getting a new place. Is it possible to get the geological restriction lifted and me move with my husband? Also he has only been paying child support occasionally. nothing regular and not the total amount he is supposed to for the month. I'm lucky if I get $150 in a month.

Related Topics:
2 Lawyer Answers
Victoria Collins
Victoria Collins
Answered
  • Divorce Lawyer
  • Fort Worth, TX
  • Licensed in Texas

A: Based on the information provided, you can modify the existing conservatorship, however, the children's father may contest this. Always best to consult a family law attorney one-on-one so they can look over the existing orders and assess your situation. Also be advised that in Texas, the parent who moves more than 100 miles from the other conservator must bear the cost of children's travel to visit in most cases.

1 user found this answer helpful

Rahlita D. Thornton
PREMIUM
Rahlita D. Thornton
Answered
  • Divorce Lawyer
  • Houston, TX
  • Licensed in Texas

A: You will have to access factors such as whether the frequency of the biological father visits. A modification requires a material and substantial change in circumstances and if the biological father has been incognito then it can be used as a factor. It is ultimately up to the judge in your case. Either way it would be just as costly as your deposits that you say you want to avoid paying. Consult an attorney in your area for assistance.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.