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  1. #1
    Ohio_Dad is offline Junior Member
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    No options for Custodial Parent to move out of state(Ohio to Michigan)?

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

    I have a question regarding my ex-wife, who is the custodial parent, moving to another state to live with her parents (in Michigan). We both currently reside in Ohio, she lives approx 21 miles away with our 2 boys, ages 5 and 8. I, of course, am totally against this move for a number of reasons but cannot seem to find a answer as to if there is anything I can (court filing, injunction, hearing request, etc) to at the very least bring this to the courts attention that I do not want her to move that far away (300 miles plus) and to her parents home, who are in their late 60's and early 70's and in which the ex-wife 38 year old mentally disabled sister (she receives disability income and from what I was able to learn, was diagnosis with bi-polar, borderline schizophrenia, and a few other mental issues) I know these issues are probably not of importance but whfew other mental issues) I know these issues are probably not of importance but what is important is that I know I will not be able to see my two sons nearly as much as I do now and even less if she has her way. I am consistent in both my visitations and child support and usually toke them more often than our county's visitation rule allows (rule 17) as the ex had been good about allowing me to do so up until recently (well 3 months ago) when she reduces the amount of time I had them on my alternating weekends (from Friday 6pm to Saturday 8 or 9pm as the drop off time) and usually had some excuse about the oldest schooling being thrown off whenever I had him on Wednesday evenings (I would always drop him off, on time unlike her, at school Thursday mornings though it required us to awake at 6am since his school is 21 miles away and starts at 8:30am) I know technically should could be held in contempt (well possibly) but it isn't my concern as she plans on moving to Michigan as of June 15th, 2010. I received notice, in the mail, Saturday, May 22nd, 2010 from the court called a Intent to Relocate that only required her to file this before she moved. I went to a free legal clinic tonight and was told that I could do nothing as, and I quote, "the constitution allows freedom to live anywhere you want so she can do so and there is nothing you can do about it." I find it questionable that I have no recourse in having the court take a look at this move and deciding on it on way or the other. I'm very low on funds for a lawyer (still paying off the balance of what was $6000, but now $4000, to my divorce lawyer, a total of almost $15,000 in all!) so I don't want to hire one unless I have some idea that something can be done. After being told tonight that the answer is no, I'm lost as to what to do. I don't see my two boys enough as it (is it ever enough?) and can't imagine what will happen when they live over 300 miles away. Please let me know if the "attorney" at the legal clinic was correct or do I have some short of recourse available, including having to bit the bullet and hire another family law lawyer.What is the name of your state (only U.S. law)?
  2. #2
    Proserpina is offline Senior Member
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    The clinic was correct in one sense - as an adult, Mom is free to move and live wherever she wants.

    HOWEVER.

    This does not necessarily give her free reign to move the CHILDREN.

    If I were you I'd go down to court and file an objection to the move.

    Then, let the Judge decide what is in the best interests of the children.
  3. #3
    tornado88 is offline Member
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    Please stay tuned for a senior, but I do know that in one way yes they were correct. You can not stop HER from moving. She has the right to move where ever she wants to. On the other hand, you can file to prevent her from moving your children with her. A senior can tell you just what it is you need to file. You may be able do this by yourself if you are willing to learn about your state and county rules.
  4. #4
    Ohio_Dad is offline Junior Member
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    Quote Originally Posted by tornado88 View Post
    Please stay tuned for a senior, but I do know that in one way yes they were correct. You can not stop HER from moving. She has the right to move where ever she wants to. On the other hand, you can file to prevent her from moving your children with her. A senior can tell you just what it is you need to file. You may be able do this by yourself if you are willing to learn about your state and county rules.
    Thanks for the reply tornado88, I will wait of course for a senior member lol. But that's the issue as well, I thought I could file to have the court look at the situation but no one seems to be able to tell me (at my court house or the legal clinic) if I could or not and how to go about it. As a owner of two businesses, I have no problem filling out paperwork, legal or otherwise lol so if I can do this on my own that will not be a problem. I just need to find out how.
  5. #5
    CJane is offline Senior Member
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    Does the current order address relocation at all?

    Ohio statutes can be found here:

    From a quick read, Mom had to file notice with the court, who then mailed you notice of the pending relocation.

    You now have to request a hearing if you wish to attempt to prevent the relocation. If she's moving on June 15, you need to do this NOW - like tomorrow.


    The most troubling thing, for you, is that the way the statute reads, the presumption is that the CP will be allowed to relocate. Though case law may indicate differently, this is in line with what you were told tonight.


    [url=http://codes.ohio.gov/orc/3109]Lawriter - ORC - Chapter 3109: CHILDREN[/url]
    (G)(1) If the residential parent intends to move to a residence other than the residence specified in the parenting time order or decree of the court, the parent shall file a notice of intent to relocate with the court that issued the order or decree. Except as provided in divisions (G)(2), (3), and (4) of this section, the court shall send a copy of the notice to the parent who is not the residential parent. Upon receipt of the notice, the court, on its own motion or the motion of the parent who is not the residential parent, may schedule a hearing with notice to both parents to determine whether it is in the best interest of the child to revise the parenting time schedule for the child.
    There is an Ohio attorney who posts here, but I believe she's taking a break...

    IF you have a hearing, Mom SHOULD be required to show that the relocation is in the children's best interests.
  6. #6
    Ohio_Dad is offline Junior Member
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    Thanks CJane it's what I thought as well but when I asked down at the Court (Domestic Division) they didn't seem to have any idea what I was talking about in regards to filing a objection to relocation. I'm going to call down there again today and see if I can find someone who knows what is going on. If not on the phone, I'll head down there (again) 1st thing tomorrow morning and see if I can get any answers. There has to be a reasonable way to this through the court so why I am having such an issue with it is beyond me.

    Any ideas on who I should speak with our what exactly I should be asking for?
  7. #7
    LdiJ is offline Senior Member
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    Quote Originally Posted by Ohio_Dad View Post
    Thanks CJane it's what I thought as well but when I asked down at the Court (Domestic Division) they didn't seem to have any idea what I was talking about in regards to filing a objection to relocation. I'm going to call down there again today and see if I can find someone who knows what is going on. If not on the phone, I'll head down there (again) 1st thing tomorrow morning and see if I can get any answers. There has to be a reasonable way to this through the court so why I am having such an issue with it is beyond me.

    Any ideas on who I should speak with our what exactly I should be asking for?
    The problem may be that there may not be a specific form available to file an objection to the relocation. You may have to draft something yourself. You could use the paperwork you received from mom as a template.

    I think that you are wasting time with phone calls. I think you need to go down there in person. You are running out of time.
  8. #8
    proud_parent is offline Senior Member
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    Quote Originally Posted by Ohio_Dad View Post
    Any ideas on who I should speak with our what exactly I should be asking for?
    Try "Motion for Hearing on Notice to Relocate".

    Prior to heading to the courthouse, you might try a Google search for the above plus the name of your county. I was able to find a template online for at least one Ohio county, but yours may prefer another format.
  9. #9
    Ohio_Dad is offline Junior Member
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    Seems that there are numerous things that I can do but only with the help of an attorney (county refused any requests or filings on my part pertaining to this particular matter, but one clerk who will remain unnamed followed me out to the hallway and informed me that there are things that an attorney could do that would help my situation) Luckily I came across an attorney that I had meet before with dealings with a local city when he was mayor and he remembered me and is offering his services at a reduce rate. So I meet with him Wednesday of next (the soonest time possible but he said it was not too late) to start the process. I'll post here the outcome if anyone is interested. Thank God I get my boys this weekend for the whole Memorial Day weekend so that I get to spend more time with them which is the most important thing to me.

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