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She and her ATTY filed  objecting to joint physical stating it is not in the best interest of the child. Now we wait for a hearing date to be set.

It's because they waste the money on themselves and don't save it or use it for what it is intended for. It sounds like you us the money for its intended purpose.

Filed the instanter motion for temporary custody and visitation today so we'll see what happens. I had to leave her with her mother today at her house even thought I didn't want to as who knows when I'll see her again, but hopefully this motion will work out and a schedule will be set and she will have to legally abide by it.

That is exactly what I am going to do. Thanks for the help. This board has really helped me make sense of all this as it has been extremely difficult for me to sort out what the right thing to do is and what I legally can do! All of my friends and family have been full of support and advice but unless you have been through this some of the advice while well intentioned may be wrong, it helps to get advice and support from people who have been through the same experiences. For example if I had taken my dad's advice I would have given her everything months ago, just to get it over with as in his opinion I would lose based solely on the fact that I am a male!

I didn't think any of you were suggesting that, I was just saying that physically I can't stop her from seeing the child nor do I want to, I simply want equal time with my daughter which she deserves. She is moving out and I am trying to get her to agree to a planthat has stability in it for our daughter (every other week) but she wants to play it by ear so I am forced to get the judiciary involved in order to assure stability for my daughter

 She is my main focus. I can only legally do so much though until the divorce hearing where final custody/ visitation will be determined by a judge. If I keep her from our daughter I am just as bad as she is. When she did take our daughter she told me where they were (i.e so and so's house) but I have no idea where that house is, activities going on in or around that house etc. Now she is moving out and I know where the place is but I am supposed to get equal time with our child as we are not divorced yet correct? that is what she is trying to deny me. She won't work with me on a baseline schedule so that our child has some sense of stability in this time of change, she wants to play it da by day and week by week. That is unacceptable and inconsistent which is exactly what our daughter doesn't need right now. The behavior is very selfish and dissapointing. Two reasonable people could easily work this out without a problem, but when you are dealing with an unreasonable person sometimes you have to get other people involved, i.e the law.

I am just in the beginning stages of fighting for my daughter. I was told by everyone to forget about it, that the woman always gets the child, don't waste your time or money. For a while I believed them but then I  realized that time with your child has no cash value and that no amount of money saved could equal what I would be giving up. Children deserve the best possible life they can be given and that is worth fighting with everything you have. Remember kids spell love T-I-M-E.

Thanks for the advice, my lawyer had mentioned that and we already have the "request" drawn up, just needs to be filed with the court. She is moving to another place in the same city but I see what you are saying. It would establish a status quo and I cannot allow that. I want to work with her as I don't want our daughter to not see her mother but so far she is not willing to "allow" me my equal share even though she doesn't have the right to make that call. she has shown in the past if you remember some of my previous posts, the ability to "steal" her away from me and hide her whereabouts from me, and I am concerned that this will happen again.

My STBX is moving out soon and doesn't think that splitting time with our child 50/50 is the "stable" thing to do, she thinks that I should only get 1 week a month and EOW! Remember we are not divorced and no agreement has been signed nor has there been any court order or ruling etc. granting her or myself custody. I am trying to work with her on an every other week schedule but she doesn't want to do that. So that being said, what am I to do in this situation. She has no more right to dictate where my child stays than I do. I would appreciate any advice or opinions anyone has.

 She is moving out this weekend and until we are divorced and the custody/visitation is set I am entitled to 50% time with my our daughter. I am trying to get her to work on a schedule with me, so far no luck. I believe she thinks that she calls the shots when it comes to our daughter based solely on the fact that she is her mom. I will keep everyone posted on what happens with this.