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Law Girl
Law Girl, Family Law Attorney
Category: Family Law
Satisfied Customers: 4606
Experience:  I have a law practice that is largely dedicated to family law matters.
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I have joint legal custody of my 18 month old daughter. My ...

Customer Question

I have joint legal custody of my 18 month old daughter. My ex-husband and I have been separated since before she was born and are divorced. I am the parent of primary residence and he has visitation time. My daughter sees him and his family frequently because they babysit her while I am in work. This is the agreement we worked out for now since she is so young. I would like to move approximately 20 miles away in the next year. I was hoping we could change our schedule to every other weekend and one day during the week. Would I be able to do this? Could my ex give me a hard time about relocating my daughter?
Submitted: 8 years ago.
Category: Family Law
Expert:  Law Girl replied 8 years ago.

DearCustomer

Thank you for your question.

In oder to move away, you may need to file a petition for a move away order and a petition for visitation. This will allow you to relocate and establish a visitation order for the father. In your moving papers you may want to explain why the move is desire and the effect it will have on your child. You will also want to assure the court that it is not your intention to alienate the father from his child. (This is where you will lay out the visitation schedule). You will have your ex served with a copy of the papers, to which he will be entitled to respond. At a hearing, where both of your are present, a judge will listen to your arguments and evidence, and make a ruling that is in the best interests of the child.

Please let me know if you have any other questions, or require clarification of this matter. Otherwise please hit "ACCEPT", so I may receive credit for my response. Tips and feedback are also appreciated.

Good Luck!

-KAT

Customer: replied 8 years ago.
I was hoping to avoid dragging this through court. If I do move, it is impossible for us to maintain this current parenting time. It was only done for both our convienence. Could he fight me for joint physical custody to avoid changing the time?
Expert:  Law Girl replied 8 years ago.

Of course you can avoid court if you agree upon the situation. Just as you have the right to file an action for custody and visitation, he has the same right. It is unlikely that a judge would change the entire custody arrangement over a 20 mile move, however, he does have the right to ask for it.

Good Luck!

-KAT

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