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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27010
Experience:  General practice of law with emphasis in family law.
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What if two parents were never married, but they have joint

Customer Question

What if two parents were never married, but they have joint custody of the child. The father has extended visitiation and gets the child during the week and every other weekend. The mom is trying to move 5 hours away and i dont see anything in the papers stating she cannot. What can the father do about this?
Submitted: 7 years ago.
Category: Family Law
Expert:  Samuel II replied 7 years ago.



you can file to get an injunction to keep her from moving, until you file for a modification of the custody order to insert a radius of where the custodial parent is allowed to live. if you go to the clerk of the court, you can ask for a form for the modification and if you cant get on the docket and time is of the essence, seek the injunction - this will slow her down until the modification can be heard.


good luck

Customer: replied 7 years ago.
so even if our original court documents saay that she can decide where the child lives without geographic location, can we still file the injunction?

Also what is an injunction?
Do i need a lawyer to get the injunction?
and what if we went to court 3 years ago and had custody modified will we still need to go back, because it took almost a whole year last time?
Expert:  Samuel II replied 7 years ago.



you can seek modification at any time - as long as there are new circumstances, which you appear to have in this matter. an injunction is a court order that states she cannot move with the child until the modification hearing where she can come and show cause why it is in the best interest of the children to make the move and mandate you drive 5 hours for your visits - those visits are court order and in essence, she is making it very hard to follow with such a move.


you may want to consult with a local attorney - or as i said check with the court clerk and see if there are forms available for you to proceed, pro se.


Customer: replied 7 years ago.
she hasnt really told us that she is moving 5 hours away she has just put her house up for sale and the child mentioned to us that is what she was planning so what happens if she moves and then we file does it make a difference when we file?
She is ordered to tell us when she moves within 60days if she knows or within 5 days of move if she dont know.But she hasnt told us anyting.
Expert:  Samuel II replied 7 years ago.



then you can file a contempt of court action once her house has sold and she has not told you she is moving. if you file after she moves, it may be more difficult to bring her back.

Customer: replied 7 years ago.
ok by chance she moves, who pays for the child to come and see his father? DO we abide by the 100 miles or more rule?
Expert:  Samuel II replied 7 years ago.



as long as the court has not referred to a different statute for visitation in the current order, then yes - by default, the standard 100 mile statute would apply

Customer: replied 7 years ago.
ok so who would pay for the travel for the child?
Expert:  Samuel II replied 7 years ago.



thank you for that folo up -


under the more than 100 mile rule, there is no specification as to who would pay or how the child is transported - in other words, whether you would pick up and drop off of if you would meet half way, etc. - a court always likes to see cooperation in these matters. but if they cannot be resolved then the court will intervene; though they dont care to.


basically, the law states, more than 100 miles apart, you can select any one weekend a month of your choice provided you give the custodial parent at least 14 days notice of that weekend. notice can be given by phone and you get the children each spring break instead of alternating years. during the summer, provided you give written notice to the custodial parent by April 1 of each year, you may select 42 consecutive days for summer visitation. and it may be split up into two groups of at least seven days each. If you do not give written notice by April 1, then you will have the children beginning at 6 p.m. on June 15 and ending on July 27 each year.

and custodial parent may designate one weekend during summer provided they give written notice of the weekend by april 15 - the custodial parent may also designate 21 days where the non-custodial parent will not have possession of the children provided: (a) they give written notice of these dates by april 15; (b) the dates do not interfere with the summer visitation already selected by the non-custodial parent; and (c) it does not interfere with Father's Day weekend.