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Thread: Custodial Parent Already Out of State, Moving to Another State

  1. #1
    curiousmom2 is offline Junior Member
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    Custodial Parent Already Out of State, Moving to Another State

    What is the name of your state (only U.S. law)? Ohio

    My son's father lives in Ohio, when we got divorced I got sole custody and was granted permission to bring my son to Florida with me, and his father was given supervised visitation (supervised because he failed multiple drug tests, in which his parents are the authorized supervisors) during school breaks in which I send my son to Ohio 3 times a year. My fiance that I am with now was offered a job in Texas and we are wanting to move there. Since I already am an out-of-state custodial parent and the move will not affect the visitation, what are my requirements and should I expect any problems?
  2. #2
    single317dad is offline Senior Member
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    You must file a Notice of Intent to Relocate with the court that issued your previous order. This will give the NCP the opportunity to challenge the move. I don't foresee a major problem with the move, given the circumstances, and assuming you can still provide for Dad's time with the child in the same fashion, but be prepared to appear in court in Ohio if there is a challenge.
  3. #3
    sandyclaus is offline Senior Member
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    Quote Originally Posted by curiousmom2 View Post
    What is the name of your state (only U.S. law)? Ohio

    My son's father lives in Ohio, when we got divorced I got sole custody and was granted permission to bring my son to Florida with me, and his father was given supervised visitation (supervised because he failed multiple drug tests, in which his parents are the authorized supervisors) during school breaks in which I send my son to Ohio 3 times a year. My fiance that I am with now was offered a job in Texas and we are wanting to move there. Since I already am an out-of-state custodial parent and the move will not affect the visitation, what are my requirements and should I expect any problems?
    What makes you think that moving your child from Florida all the way to Texas doesn't affect visitation? It adds more distance and drive/fly time, and more cost to facilitate the visits.

    You obviously asked both Dad and the court for permission to move the first time because you knew you had to. You're definitely going to have to do it once again.
  4. #4
    BigMouthWino is offline Member
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    Quote Originally Posted by curiousmom2 View Post
    What is the name of your state (only U.S. law)? Ohio

    My son's father lives in Ohio, when we got divorced I got sole custody and was granted permission to bring my son to Florida with me, and his father was given supervised visitation (supervised because he failed multiple drug tests, in which his parents are the authorized supervisors) during school breaks in which I send my son to Ohio 3 times a year. My fiance that I am with now was offered a job in Texas and we are wanting to move there. Since I already am an out-of-state custodial parent and the move will not affect the visitation, what are my requirements and should I expect any problems?
    Legal problems? Not sure. Problems for your child being moved a thousand miles away from its biological father? Probably. What's wrong with Ohio?
  5. #5
    Proserpina is offline Senior Member
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    Dad's already halfway across the country and he has supervised visitation.

    If the move won't affect his visitation, he's got virtually no chance of contesting the move. Even if it WOULD affect his visitation, I'd heavily doubt the court will restrict Mom from relocating again.
  6. #6
    BigMouthWino is offline Member
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    Quote Originally Posted by Proserpina View Post
    Dad's already halfway across the country and he has supervised visitation.

    If the move won't affect his visitation, he's got virtually no chance of contesting the move. Even if it WOULD affect his visitation, I'd heavily doubt the court will restrict Mom from relocating again.
    That doesn't make Mom's lovelust chasing new fiance across the country any less harmful to her child.
  7. #7
    Proserpina is offline Senior Member
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    Quote Originally Posted by BigMouthWino View Post
    That doesn't make Mom's lovelust chasing new fiance across the country any less harmful to her child.

    Not disagreeing with you there. (Holy Hannah - people are going to talk!).

    Y'all know I'm not a fan of relocating away from the other parent without having a DAMN good reason for doing so.

    Sometimes it's justified.

    Sometimes it's not.

    But from a purely legal perspective, this Dad has very little chance of blocking the relocation.
    CSO286 and single317dad like this.
  8. #8
    single317dad is offline Senior Member
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    I'm no fan of moving kids away from their parents either, especially if they currently live very close to each other. I think the optimal situation is for a child (of divorced parents) to have both his parents within a quick walk or drive of each other. However, this is not the case. Using approximations (large, centrally located cities: Tampa, Austin, and Columbus), this move will increase 1000 miles distance to 1200. IMO not a big deal unless there are other concerns (education, crime, etc in the new area).
  9. #9
    CJane is offline Senior Member
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    Quote Originally Posted by single317dad View Post
    I'm no fan of moving kids away from their parents either, especially if they currently live very close to each other. I think the optimal situation is for a child (of divorced parents) to have both his parents within a quick walk or drive of each other. However, this is not the case. Using approximations (large, centrally located cities: Tampa, Austin, and Columbus), this move will increase 1000 miles distance to 1200. IMO not a big deal unless there are other concerns (education, crime, etc in the new area).
    And even if there ARE concerns relating to education/crime/etc... Dad has very limited AND supervised visitation. There is virtually no chance he'd be able to stop the relocation of the child to TX with Mom, since the court's only other option would be to grant him custody and force the child to relocate back to OH.

    I know that relocation is the boogeyman of the board, and just about everyone hates it all the time, but that doesn't mean that the people who are actually making the decisions in the court rooms believe the same.
  10. #10
    LdiJ is offline Senior Member
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    Quote Originally Posted by CJane View Post
    And even if there ARE concerns relating to education/crime/etc... Dad has very limited AND supervised visitation. There is virtually no chance he'd be able to stop the relocation of the child to TX with Mom, since the court's only other option would be to grant him custody and force the child to relocate back to OH.

    I know that relocation is the boogeyman of the board, and just about everyone hates it all the time, but that doesn't mean that the people who are actually making the decisions in the court rooms believe the same.
    Which also means that if mom only notifies dad, instead of notifying the court, and dad files for contempt or to stop the relocation, the results are going to be the same.

    About the only thing that would/could get mom in any real trouble is if she moves and hides her whereabouts...then it could be quite serious.
  11. #11
    Silverplum is offline Senior Member
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    Each OP has her/his own story. Even I, Grand Boogeywoman, agree with some. When I disagree, I usually articulate a good reason.
  12. #12
    TinkerBelleLuvr is offline Senior Member
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    Does your court order that allowed you to move to Florida state that your domicile may be only Ohio or Florida? They already have a long distance plan. Apparently, mom follows the court order and sends the child back to Ohio according to plan.

    Mom, follow the rules of the court and file your petition to move to Texas. Notify all the parties (father and court) of the move.

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