I have a 3 yr old and I have joint custody with the mother (we were never married). Ever since she turned 2, I have had her overnight about 2-3 times a week (her mother thought this was too much for her, but I really don't want to miss out on having her overnight). The problem: Mother is married and has another child now... she and her husband want to move away because he has a good job opportunity in a state where I have no interest in moving to. I am so worried that they will be able to take my daughter with them since I have nothing in writing about placement (she has "primary placement", but we have joint custody). If anyone can help, let me know. I live in Wisconsin (I say this because I know laws are diff. everywhere).
Thanks in advance

tawnynkids

Sorry no one has responded as of yet. I will try. If you have nothing in writing about placement then yes you should worry. There is nothing legally stating that she can not leave without your consent. You need to file for custody/visitation. That is the only way. You must file an Order To Show Cause (OSC) to establish your rights with your daughter. I would contact an attorney ASAP and file. I believe in any state (could be wrong) that once you file and serve the other party that a restraining order is placed on each party not to take the children out of the state until the matter is decided on. Then you can deal with it all in court. No one can say for sure what the court will decide but she will have the burden to prove that moving your child away will not cause detriment to your relationship with your daughter. That's pretty hard to do when you have been consistently, actively involved with your daughter. First step though is to go to a lawyer. If you absolutely can not afford a lawyer then you need to find a way to file on your own (not advised) to at least get the ball rolling.