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notice of intent to relocate

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mbubmj

Junior Member
What is the name of your state (only U.S. law)? OH

My x is complaining that I didn't file a notice of intent to relocate but I didn't move out of town. Was I suppose to file one even if I only moved across town? (a very small town at that)
 


Just Blue

Senior Member
What is the name of your state (only U.S. law)? OH

My x is complaining that I didn't file a notice of intent to relocate but I didn't move out of town. Was I suppose to file one even if I only moved across town? (a very small town at that)
What is the custody order state? Are the children in a new school due to the move?
 

mbubmj

Junior Member
What is the custody order state? Are the children in a new school due to the move?

3.02(D) Notice of Intent to Relocate

Unless otherwise ordered by the Court, a residential parent intending to move shall notify the Washington County Child Support Enforcement Agency using the Obligee Information form approved by the Court and appended to all Support Notices. Unless a motion to prohibit notifying the non-Residential Parent has bee filed or an order prohibiting the notification of the Non-Residential Parent has been filed, the Child Support Enforcement Agency shall send a copy of the Obligee's notice to the Non-Residential Parent.


I thought this was meant for a long distance move though. It doesn't affect school at all because my youngest hasn't started yet and my oldest is going to jr. high now anyway. This move was in Aug. before school started and he's just now bringing it up too. My youngest is not a part of this order.
 

LdiJ

Senior Member
3.02(D) Notice of Intent to Relocate

Unless otherwise ordered by the Court, a residential parent intending to move shall notify the Washington County Child Support Enforcement Agency using the Obligee Information form approved by the Court and appended to all Support Notices. Unless a motion to prohibit notifying the non-Residential Parent has bee filed or an order prohibiting the notification of the Non-Residential Parent has been filed, the Child Support Enforcement Agency shall send a copy of the Obligee's notice to the Non-Residential Parent.


I thought this was meant for a long distance move though. It doesn't affect school at all because my youngest hasn't started yet and my oldest is going to jr. high now anyway. This move was in Aug. before school started and he's just now bringing it up too. My youngest is not a part of this order.
So you moved 8 months ago? Dad isn't going to get very far trying to complain about it now. Also, you only moved across a small town. Even if a judge would hold you in contempt, it doesn't have any negative impact on dad. In fact, a judge might be seriously irritated with dad for even filing for contempt.

In my opinion, some of the relocation laws in some states (mine is one of them) are coming perilously close to violating the constitutional rights of the custodial parent.

An ncp should not have the right to vet at all a move that would not impact the ncp or would have only very minor effect. Giving an ncp that kind of power over a cp is very close to violating the constitution.

Setting a 10 to 20 miles radius with some provisions about where the children would go to school would protect the ncp and children, without violating the cp's constitutional rights.
 

Ohiogal

Queen Bee
3.02(D) Notice of Intent to Relocate

Unless otherwise ordered by the Court, a residential parent intending to move shall notify the Washington County Child Support Enforcement Agency using the Obligee Information form approved by the Court and appended to all Support Notices. Unless a motion to prohibit notifying the non-Residential Parent has bee filed or an order prohibiting the notification of the Non-Residential Parent has been filed, the Child Support Enforcement Agency shall send a copy of the Obligee's notice to the Non-Residential Parent.


I thought this was meant for a long distance move though. It doesn't affect school at all because my youngest hasn't started yet and my oldest is going to jr. high now anyway. This move was in Aug. before school started and he's just now bringing it up too. My youngest is not a part of this order.
YOU need to notify the ex court and CSEA any time the child's residence is changing. He won't have anything to stand on for waiting TIHS LONG. However, by law you need to notify the ex, court and CSEA ANYTIME the child's address of residence changes.
 

Ohiogal

Queen Bee
So you moved 8 months ago? Dad isn't going to get very far trying to complain about it now. Also, you only moved across a small town. Even if a judge would hold you in contempt, it doesn't have any negative impact on dad. In fact, a judge might be seriously irritated with dad for even filing for contempt.

In my opinion, some of the relocation laws in some states (mine is one of them) are coming perilously close to violating the constitutional rights of the custodial parent.

An ncp should not have the right to vet at all a move that would not impact the ncp or would have only very minor effect. Giving an ncp that kind of power over a cp is very close to violating the constitution.

Setting a 10 to 20 miles radius with some provisions about where the children would go to school would protect the ncp and children, without violating the cp's constitutional rights.
The state law in Ohio requires notification to the parent, court, and CSEA when the child's residence changes.
 

Zigner

Senior Member, Non-Attorney
In my opinion, some of the relocation laws in some states (mine is one of them) are coming perilously close to violating the constitutional rights of the custodial parent.
How do you figure?

The custodial parent is free to move anywhere he or she pleases. The court won't stop that.

What the laws do is PROTECT the constitutional rights of the OTHER parent.
 

LdiJ

Senior Member
How do you figure?

The custodial parent is free to move anywhere he or she pleases. The court won't stop that.

What the laws do is PROTECT the constitutional rights of the OTHER parent.
I "figure" because an element of reasonableness has to apply or you protect one parent's constitutional rights by trampling all over the constitutional rights of the other.

The choice to purchase a home, for example, rather than continue to rent, if the home is in the same school district, or an equally good or better school district that is close enough to not give any hardship to the ncp should not open the door to a custody battle.

The way that our most recent version of the law is written a CP would have to give an ncp 90 days notice of a move from a 1 br apartment to a 2 br apartment in the same complex and requires that the 90 day notice include the new address.:rolleyes: I can think of only very rare instances where ANYONE would be able to give their new address 90 days before they move. No landlord will hold an apartment or home for 90 days, and at least in my area, no closing takes place that far afterwards either.

Informing the ncp and the various related agencies of a new address as soon as its known is completely reasonable. That isn't what I am talking about.

My state isn't the only one that has taken things that far.
 

Ohiogal

Queen Bee
And that is what Ohio requires. NOTIFICATION. I would post the law but it appears my site is down (the one I use).
 

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