x wants to move my child 3 hrs away

[debbie]

Hello, I am  a single parent with a 3y.o daughter. My ex girfriend is preg. with her third child she wants to move 3hrs away and drive my daughter here everry wk. I have her thur/ 3p until sunday 6pm.  I know this is only the beginning of her taking her away from me. I do not want my daughter driving on major highways twice per wk. what are my options??? do i have any?? she moved before to a motel for a yr and a half and pretended to live with her mother I will have no idea where my daughter really is and how safe she is please help

[tigger]

I do not want my daughter driving on major highways twice per wk. what are my options???

None based on that argument alone.  Seriously?  I drove my kids 45 minutes on highways (Hwy 98 to 70 to 85 to 15-501) from home to their daycare and back again everyday weekday for years.  Then from 98 to 50 to their before and afterschool care for years. 

The real issue is moving 3 hours away (not the amount of time spent on a highway).  Others with more experience in this area than I can give more reliable information based on their experiences but I'd say you can petition the courts to prevent the move.  Of course this depends on:

1) The existence of any orders
2) If they address move aways and if so, what they say
3) If the parenting time adjustment is addressed regarding when the child begins school (presumably in a year or so depending on when her birthday lands)
4) Your willingness and ability to assume custody of the child if the mom wants to move even if she can't take the child with her.

[bloom6372]

What is the distance between where she is and where she wants to move? Some states have a law about 100 miles or greater, the parent has to have the other parent's permission or an Order from the Court.

You can petition to prevent the move if it will interfere with your parenting time (being so far away). And if the Court does allow the move, you can request that she do the transportation, as she is moving and causing the distance.

[ocean]

You can file in family court a emergency restraining order AND custody change (probably different papers to fill out for both) to stop the child from moving until trial. For the RO state that you fear she will be moving your child in the near future 3 hours away with no address and you are filing a custody change. If you live close to her now, the reason will be that you have child every week and it will interfere with your relationship with child, especially when child starts Kindergarten. Also, child will be in car 6 hours every week. Put in there that you are an involved father and want to be there for your child on a daily basis with schooling and activities and do not want to be a long distance parent. You can add that child's family is from this area (include BM family) Filing is usually free or a small fee at the same court that gave you the last orders.

If the judge gives you the restraining order, she will not be allowed to take child right now. Mother is allowed to move without child and if she does that you are asking for custody. She will have to prove that the move will benefit the child (better job, house, school).

Start there... if it looks like judge will allow the move, then get out the school calendar and get a new order with you getting most of all school breaks (long weekends, holidays, spring/winter breaks, and most of the summer. She should do the driving or meet close to you since she is moving.