change from sole custody to joint legal custody!

[willalwaysbdaddy]

Im a divorced father of three girls in Illinois. my ex recently moved about 45minutes away from me and thats without real traffic and of course the weather! which can easily turn my commute into an hour or more, just one way. I found out that she was moving on the day i was going to take my oldest daughter to her highschool orientation which was maybe a week or two before the move. my  problem is that my ex doesn't feel that it is necessary to tell me that things were about to change.  once i found out i called her and let her know that we would have to make some kind of compromise as far as the commute goes meeting me halfway did'nt sound unreasonable to me but her reply was simply NO! thats not gonna happen.  i hate the thought of taking her back to court but she leaves me with no other choice I would like to know how i can modify her sole custody to joint legal custody. I dont want to take the children away from her, I just think that she needs to remember that the kids have a father who takes care of them and is involved in their lives.  with her not informing me of changes leaves my visitation rights at her mercy.

thanks in advance for any help that you can provide.

[ocean]

Look through your paperwork (ALL of it ) and see if anywhere you had a move-away clause in it. Usually they include it somewhere...
I dont think you need to change custody at this point, just modify visitation. You can file yourself at family court. Write "mother has moved 45 minutes away (or put how many miles) and transportation needs to be addressed" SInce mom moved, she should be doing the driving. Either, you go get child, then she picks up (which is the BEST way, you make sure you get child and up to her to come back...you dont have to wait at a half way point wondering if she is coming) OR make a half way point (see if there is a police station parking lot, it is filmed usually and if you have to file a report of her not showing up , you are already there)>

Can you still do the same visitation days? If not due to the distance, then ask for the visitation to be addressed again asking for makeup days on long school breaks and summer...

[MomofTwo]

Sole legal custody means she gets to make the decisions regarding the welfare of the children by herself, ie, she doesn't need your consent.   

Moving 45 minutes away may be an inconvenience, but that is certainly very doable for visitation, depending what your schedule was to begin with. Ocean is right, more than file for a change from sole to shared legal, which you haven't given a valid reason the courts will change it, you need to address transportation / visitation.

[Davy]

A move-away is a justification for a change.

I have an acquaintance in ILLINOIS that was able to restrict his children to within 25 miles of his residence.  I followed this situation over the years thru a mutual freind.  The father was very much a part of the children's lives even into their college years.  AND they were very well-adjusted.   

Focus everything on the children.

Once you take a stand you may find she's not as difficult (and mouthy).