Mother moving

[eddiencarri]

I will try to make this short!

My boyfriend has Joint custody with his 5 1/2 year olds mom.  We have her for a week she then goes to her moms for a week, it continues to go back and forth.  It has been like this since they got the custody order 06/02.  There is no child support involved.  It was the same way prior to the court order.  The order stated that when the child started school the father had to move within 10 miles of the mother to keep the current court order, we did that on 07/17/04 as she was starting kindergarten in Sept.  We moved to a new city, moved the rest of our family, BOUGHT a house and have now been told her house is for sale and she is planning on moving 3 1/2 hours away and taking the child with her.  The relationship between the mother and father is not a good one, the child often tells us she wants to stay with us, her mom has told her she will buy her a horse if she moves away with her.  The mother has tried to tell the father that he is not allowed to show up at school functions if it is not during the week we have the child.  She has advised us that we are invading her territory because we moved to where she is, even though that's what the court order stated.  She also quit her job back in June and is now a stay at home mom, she says she is going to file a motion to change the custody order for her to have full custody and will be requesting child support.  We feel that we have complied with the current custody order and do not want it to change as we feel that both the mother and father play an important role in a childs development.  

My question is, what are the chances she will get full custody because she is the Mother.  We both work, have 2 other kids, we have lots of family time, the child also spends alot of time with grandparents, aunts and cousins on the fathers side.  There have been no contempt issues, there have been no issues in the past, this all started because we moved to her city.

Help!

[smtotwo]

First, File with the court to block the move.  If you've complied with the court order and moved to the new city, then do file for FUll physical placement.

Read the order carefully about move-aways.  Maybe she can't move.

[Lawmoe]

A big part of the equation depoends on your state laws.   Some states have restrictions on how far a party may move. For example, in Wisconsin, the limitationis 150 miles.  

If that restriction does not apply in your state, you have a dilemma. That dilemma means you must eaither bring a motion to chyange custody or to change the parentings schedule. I would suggest that you do both giving altering proposals, if the move occur, and if it does not.

You should always suggest mediatiuon first.