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.

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2 Lawyer Answers

Victoria Collins

  • 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

  • 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.

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