How to avoid geographic restriction?

[missbenz10]

What is the name of your state (only U.S. law)? TX

hELP!
I currently have temporary orders in place designating me as the primary conservator with the right to designate place of residence. Just recently, Child Protective Services became involved after the father of my child had a physical altercation with my now ex boyfriend. He involved them out of pure retaliation but they ended up removing her from my home anyway due to failure,on my part, to take a drug test. He now has her until further notice by Family Based Services. Now, I have gotten word that he is requesting that I be geographically restricted but I do not agree because I plan to move to Oklahoma for a job opportunity in one year. How do I go about avoiding the chance of a judge placing a restriction based solely on her father's request??

 

[nextwife]

It's NOT based "soley on the father's request", it's based on BEST interest of the child being to have both of their parents in their lives.

Additionally, if CPS is involved, and Dad has temp custody, you are even less likely to be given custody and a chance to move away with the child.

 

[Concerned33]

And why is it that you failed to take the drug test????

 

[Proserpina]

And why is it that you failed to take the drug test????

Obviously, a scheduling conflict.

 

[Zigner]

Obviously, a scheduling conflict.

You forgot the

 

[Proserpina]

You forgot the

Oh, snap.

I suppose that's another demerit...

 

[nextwife]

With dad having custody, methinks Mom may have less difficulty moving out of state.


She'd just need to plan to move without kiddo.

 

[CJane]

With dad having custody, methinks Mom may have less difficulty moving out of state.


She'd just need to plan to move without kiddo.

Dad doesn't have custody. Dad has placement. There's a huge difference, as the goal of family services MUST be reunification with the CUSTODIAL parent.

Mom, do you have an attorney? You NEED one.

Did family services have a court order requiring a drug test?

Were you given a reunification plan?

Do you still have contact with the child?

Are you currently using, or have you used drugs in the past?

The chances, of dad being able to restrict your movements are fairly strong. HOWEVER, even if you maintain the exclusive right to determine the residence of the child, he would be able to file in court to prevent it. So it doesn't make a lot of difference. Your biggest concern right now should be getting family services out of your lives.