If I have joint custody and my ex is planning to move 8 hours away, what can I do to stop her?

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If I have joint custody and my ex is planning to move 8 hours away, what can I do to stop her?

I have joint custody of my 3 year-old daughter. I have her every other weekend and Wednesdays. I was actually in the works of going back to court for more time as the original order was based on when I lived further away and now I have moved back to where my daughter and her mother live. Now my ex has told me via phone that she is moving out of state in 2 weeks. I just need to know what I can do. She said that she spoke to attorneysand they said she can but I can’t believe without an order modification that she can up and take my daughter from me. Should i speak with a child custody attorney? In Waterloo, IA.

Asked on August 8, 2011 Iowa

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, you should speak with an attorney an quickly.  You may need to bring an expedited petition to forbid her from moving and to modify the custody order (a temproary order restraining her from moving may be a possibility until the hearing is held on the modification).  How your original order is worded matters here.  Generally speaking, when these documents are drafted by lawyers the parties agree that they can not move farther than x miles from each other.  These agreements are  upheld by courts because they want to foster the relationship between parent and child and do not want it to be too onerous on the parents to see their children.  Please get help.  Good luck. 


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