geographical restraint

What is the name of your state?texas: We were married in Tennessee and lived there for two and one half years. That is where all my family is from. We moved to TX so that he could go to school. He did not go to school. It is now four yrs later, we have one son. I have no family here or means of support. I have been a stay at home mom since his birth, 2002. I am concerned that he may try to instill a geographical restraint for us to remain in TX, rather than going to my family. They are willing to support me and my son while I return to school for med tech licensure or teacher certification. Does he have to have a qualifier in order to keep us here. He has currently to date not fulfilled his obligations under the temporary orders.

I'm assuming your temporary orders are through the tx court system. Is this a divorce? Your attorney needs to seek that you be awarded primary residence without regards to geographical location in the final orders. With that when or if your ex seeks modification orders you'll be having to come back to the Texas courts. I'm not an attorney, just an opinion.

Thank You

Texas. Yes this is a divorce (pending). Thanks for the advice. Final hearing is 7/12. Do you know if he will have to have a qualifier if HE tries to put in the geographical restraint? I will contact lawyer and see what is to be put in the decree.

I'm not familiar with the term qualifier. in order for him to have the geographical location restricted he would most likely need to show cause of the move being detrimental to the child.. disrupting association with friends and relatives, education, and his own relationship with the child. The burden would be on your attorney to show that the restriction would not be in the best interest of the child. It is in your best interest to familiarize yourself with the Texas family code before your court date and in order to establish with your attorney exactly what you are seeking in your final orders.

Still waiting on attorney to return call. By qualifier I mean reason such as the child being in school (he is only one and an half...never been in daycare), a medical condition that would not allow him to move (he does not have one). The only reason he could give would be that his visitation may be more limited (visitation not decided yet). My sister and her husband have offered to share their home with me rent free leaving me the opportunity to return to school. My father has started an e-business that I can take over, if it is decided that I can leave (so that I can stay home with my child). Husband and I lived in Tennesse for a while and were married there. I have no other family/support here, and the closest my husband has is in North Dallas.
The temporary orders state that the primary conservator(me) has the authority to determine the residence of the child. The attorney said that 30 days after the divorce, if H did not try to put in geo. rest., I would be free to leave. But from forum readings, I am scared that will not happen. My answer to visitation is to use his child support once a month for a plane ticket, and also once a month to meet half way at my husband's father's home. Would things lean in my favor taking everything stated into consideration?

it's all really in the judges hands. much also depends on what your husband or his attorney will ask of the judge. make sure your attorney is clear on what you are seeking before your hearing. without geographical restraint or other terms being requested by your husband and with your attorney doing the paper work (orders) you most likely would receive JMC with no geo. restraint, and your husband receiving standard visitation orders which include 100 miles less and 100 miles more apart. The using the child support for monthly visits really isn't feasable so I wouldn't even go there. With the long distance visitation it would most likely be on your husband to get the child from your residence and then for you to pick the child up from dad's residence. This way each is paying half travel costs. You would also both be permitted to come to (mutual) agreeable terms outside of the court orders for visits. you don't want anything put in your orders that you are not definate you can do. Again, only an opinion.

thank you

Court is over (Yeah!). There is no geographical restraint. He tried, but my attorney talked him out of it (bless my attorney). There are additional provisions if I move out of state besides the standard 100 miles over, that I can live with. Thank you for your advice and responses. It is nice to know others out there share experiences and give willingly to others their thoughts, ideas, and opinions. Thanks again, sincerely.