My stbx has moved over 100 miles away with my 2 1/2 year old. There is a permanent custody order in place that gives us equal visitation. What are my options? Is this a significant enough change in circumstances for me to file a motion to modify. Can I file in my county? Is there any possibility of filing for an emergency order? Please help. She has a history of alcohol and benzo abuse, and I fear for my child.
You can file for contempt if the move makes your visitation impractical or impossible. You may also file a simultaneous motion to modify. The motions would be filed in the county where the current order is filed.
We have three exchanges per week, and meeting halfway will be a 135 mile roundtrip. The two exchanges during the week occur in the morning before I need to be at work. Sunday exchanges alternate between morning and evening. On the weekends that the Sunday exchanges occur in the morning, the exchange time will prevent my and my Daughter’s normal church attendance. Also, making a 2 1/2 year old take a two hour car trip three times a week does not make sense. My Daughter never wants to go back to the stbx’s house, and always asks to stay with me. Do we have to endure this until we can get a court date? My stbx took my Daughter this morning to the new residence, and I found out through a third party. the stbx isn’t working becuause they are collecting disability, and this puts the burden on me. How can I be expected to keep this custody schedule? Isn’t there some other recourse?
You need to file a motion for contempt and modification of custody.