Make Me Move Back???!!!

[errog81]

What is the name of your state?Lv n Ohio case n Texas
In March of this year I moved from Texas with my 11/2 y/o son to Ohio. My ex was physically and emotionally abusive over the course of our relationship. In April he served me with papers which required me to travel to Texas to appear in court. At the court hearing I made the case that he is heavliy into drugs..we were both ordered to obtain hair follicle test and court would be re-set for July. I went back down in July...we had both passed our drug tests but I was conviced that he had somehow faked the results. The judge ordered both of us to submit to urnialysis right on the spot. We both left court did our tests and came back....his results came back positive for Pot and Meth..mine came back Negatvie. So I have given Temp. Sole Custody and he was ordered to undergo counseling and random drug testing until we go back in October, the judge did make mention that if the drug tests results hadn't come back the way they did he was still going to give me Sole custody but was going to make me move back to Texas. I am worried now that if he complies with this court order and once again fools the court into thinking that he is rehabilitated that I will be told to move to Texas. I am a resident of Ohio, have a good job and have given my son some semblance of a stable and loving home since we left Texas. Please someone let me know something, my lawyer is not a lot of help.
Thanks

 

[LdiJ]

What is the name of your state?Lv n Ohio case n Texas
In March of this year I moved from Texas with my 11/2 y/o son to Ohio. My ex was physically and emotionally abusive over the course of our relationship. In April he served me with papers which required me to travel to Texas to appear in court. At the court hearing I made the case that he is heavliy into drugs..we were both ordered to obtain hair follicle test and court would be re-set for July. I went back down in July...we had both passed our drug tests but I was conviced that he had somehow faked the results. The judge ordered both of us to submit to urnialysis right on the spot. We both left court did our tests and came back....his results came back positive for Pot and Meth..mine came back Negatvie. So I have given Temp. Sole Custody and he was ordered to undergo counseling and random drug testing until we go back in October, the judge did make mention that if the drug tests results hadn't come back the way they did he was still going to give me Sole custody but was going to make me move back to Texas. I am worried now that if he complies with this court order and once again fools the court into thinking that he is rehabilitated that I will be told to move to Texas. I am a resident of Ohio, have a good job and have given my son some semblance of a stable and loving home since we left Texas. Please someone let me know something, my lawyer is not a lot of help.
Thanks

While its possible that a judge could make you move back to TX...its really pretty unlikely at this point in time. The judge is well aware what a hardship that would be at this point. Also, the judge can't require you to live anywhere, the judge can only require that the child live in TX. If the judge cannot justify giving custody to the father, (which would be difficult for a judge to justify at this point, even if dad comes up clean in October) then the judge can't justify ordering that the child must live in TX.

 

[jslopez711]

While its possible that a judge could make you move back to TX...its really pretty unlikely at this point in time. The judge is well aware what a hardship that would be at this point. Also, the judge can't require you to live anywhere, the judge can only require that the child live in TX. If the judge cannot justify giving custody to the father, (which would be difficult for a judge to justify at this point, even if dad comes up clean in October) then the judge can't justify ordering that the child must live in TX.

Yes and in adition to this OP has to move the jurisdiction of the child to Ohio or risk having to come back. Although easier said than done, as long as the father petitions the court for any motion, she is going to have to come back to TX every time.

 

[errog81]

RE: Make me Move Back

Lv n Ohio-Case N TExas
I thank the previous posts for their advice. I know that I will have to go back down to Texas for court dates....I have no problem with that. I just don't want to move back down there. I am so worried that the judge is going to make me do this. If he does can I fight it??? It 's only been a month since I was last in court and my ex is complying with the court ordered rehab...but I know his history and he WILL relapse. HE has a case currently against him with TX Child Protective Services for abuse against his 10 y/o son (with another woman) and smoking Pot around him. My lawyer isn't being a real big help with this..I don't want to have to hire another lawyer this far into the case but I just don't have a lot of faith in the job that he is doing. HELP!!