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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.
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.
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.
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
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.
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