Petitioning to Stop Relocation of a Child

[jadem1]

My question involves a child custody case from the State of: New Mexico

We married in 2003 and divorced in 2005 but got back together shortly after and we finally separated in 2008. My ex-wife married a military guy about three years ago. We have joint physical custody of our 10 year old daughter (the order does not state who the custodial parent is). Our daughter was born in NM and has never lived anywhere else. She is close to me and my extended family. The order we have with the court is I have her every weekday from 3:30 to 5:30 and every other weekend. Right after the order was entered my ex got a job in another town that is 15 miles from where we live. She worked nights and I was laid off from the railroad for about a year. For the whole year in 2009 I had her I took her to school did all the other things that a parent does. Since 2010 till now I get her whenever I am home from work which is between 3-5 days a week I have my daughter. She stays the night I take her to school if I work her mother or my mother picks her up from school. I got a text on 12/2/13 that her husband got orders to pcs to Guam. I am going to file a motion to stop the relocation. What are the chances that a judge will allow her to take my kid to Guam? Thanks.

[Dogmatique]

I know I've answered you "down the street", but I missed one question.

WHEN is she actually leaving?

[SuperPop]

Tell us, because you will have to tell the court and your lawyer. Why is it in the childs best interest NOT to relocate?

Ties to the community? (after school activities, community groups, 4H club?)
Extended family in the area that the child sees regularly?
Established in school?
Any disabilities this school has made special arrangements for?
Etc?

You are going to need to make a STRONG case since it is a military move.

[jadem1]

They are planning on leaving January of 2015

[Dogmatique]

That's over a year away....

[jadem1]

Is it too early to get things started with the courts? I have already have an attorney, and she filing some motions tomorrow.

[Dogmatique]

Is it too early to get things started with the courts? I have already have an attorney, and she filing some motions tomorrow.

If she's filing soon, you're going to have to be ready.

(It does actually show some smarts on Mom's side, too)

[jadem1]

she has not filed anything as of yet.

[Dogmatique]

Yes, we've gathered that.