gregorygarver.com

Kayde · Joined: 10 Oct 2005 Posts: 5

Ok this is the father asking my son is 2 yrs old and just found out his mom wants to move basically 90 min away...We have shared custody and ive never missed a minute with him in 2 years. Is this a big of a deal as i'm making it? Can i do anything through the legal system? Would I have any success since the move is not out of the state? I just worry about the future with school, activities, and sports and wonder how it would work.

goz11113430 · Joined: 06 Jun 2006 Posts: 9

Why are you asking strangers on the internet these questions?? Ask your attorney!!!From what I understand if you have joint custody she cannot just move the child an hour and a half away -- of course you will have to use the legal system to stop her. Your success is not determined by where she's moving, only that she's moving him and you have joint custody.If you do nothing from a legal perspective "how it will go" in the future is that you will drive 1 1/2 hours away to see the child every time you want to see them.Call your attorney NOW!!

TerryS6685 · Joined: 12 Oct 2006 Posts: 4

This definitely makes your parenting more challenging. A two year old ideally needs to see you every day. Try to avoid subjecting him to long commutes -- you do the commuting, and try to see him several times a week. If your divorce is final, it's going to be expensive to go back to court and change orders. A better solution might be to find a mediator who is knowledgeable about custody and parenting. It would be much better for your son if his parents could live closer together, for exactly the reasons you state.

HoriaC · Joined: 18 Feb 2005 Posts: 5

Why is the mother moving? Is it for a better job? or for a better neighborhood, cost of living, etc.? If it is any of those reason then you need to be a little considerate to her needs too. I do understand your concern but an hour and a half is not too far for you to still have visitations. Also, the child is only 2 at this time- there are no sports or school functions yet. Who's to say what will happen in 3-4 years time. She may end up moving back or you even may end up moving closer to her. There are orders involved in shared parenting cases that do need to be followed. Check them out and see. Talk with an attorney. In my case I can not move the children out of the state (I can move anywhere in the state). However, since the order their father has moved out of state and I still can not go since he will not grant permission. So it can work in your favor.

Humbert · Joined: 01 Jun 2007 Posts: 5

I do believe that if she's staying in the same state there isnt much you can do. She can't however move out of state with ou the courts permission and showing proof that its going to better your childs life. If she does move I believe you could request that she must provide all transportation for visitation. Or to where it is equal..half way etc. 90 minutes is not that far. And your sons worth the drive if thats how its so orderd.Good Luck