need answers on ex trying to move

[needanswers]

My ex is going to try and move my child about 90 miles away, as that is where her bf family is from. She has a child with the new bf, but they are not married. Neither of them work in that city, but she wants to move there to be closer to his family for her other child. I have joint legal custody of my child, and have her about 42% of the time.
My child is coming of school age to be enrolled in K next year. Should I wait to see if I get 60 days notice if she intends to move, or should I be pre-emptive and file a suit now to modify? I pay child support to my ex, and her main motivation for moving is to be closer to her new child's fam, to keep my child more, and mainly to get more $ for child support (her bf does not have steady work). We make about the same amount of money. Also, we have joint ownership of a house we own but are renting as we'd lose tons of money if we sold, at a major loss. Can the judge force me to sell my own house, as she wants to get out from under it? We currently don't pay much with the rental income, but if we sold, we'd both have to take separate loans for the difference taht we are underwater and be paying those off for years. A lot of issues here. Just need some advice on what I can do, and MO does not seem to keep the father's best interest in mind, especially a good one.

 

[Proserpina]

Is this an out of state move?

 

[needanswers]

No, in-state move, about 90 miles away. She is only wanting to move to be closer to the new baby's extended family, and to ensure I don't get as much time with my child--so she gets more $.

 

[Proserpina]

Since it's an in-state move, Mom stands a very good chance of being allowed to relocate. All she has to do is give notice.

90 miles is not 900 miles - that's the way the court sees it.

Now with that said - I do have one question which might change my answer. How often do you actually see your child, and how many overnights per week do you have currently?

 

[needanswers]

I currently have the child 3 nights and 3 days every week, and then all holidays are split, so counting holidays and vacation, almost 175 days a year.

 

[Proserpina]

Which three nights? (Please bear with me - I'm going somewhere with this )

Weekends? Week nights?

 

[needanswers]

No problem. I get Tues at 530 thru Thursday at 530 every week, and then I get one night and one day every weekend (i.e. Fri. at 530 to Sat. at 530, and then the next weekend I get Sat. at 530 to Sun. at 530)

 

[Proserpina]

Then I'm going to modify my previous answer.

With the right judge, you may be able to block the relocation of your child if you can show that the move will greatly impact your current parenting time. Those week nights might be your key!

Are you on even half-decent speaking terms with Mom? Would you be willing to negotiate parenting time?

I'd honestly high-tail it to a local attorney asap. Have an initial consult, at least - s/he will know how judges tend to rule in your area and should be able to gauge the situation a little better.