I am the ORIGINAL POSTER of this question
I know that given my ex's previous behaviors and how he went about things with his older daughter that he will not try to fight me in court. HOWEVER, his mom is very much involved and pushes him to do things even when he does not want to. For example, she made him go to court for his younger daughter and even wrote out a full "script" of what he should say in court.
I know that I could safely move away without him saying a word but I also know that its very likely his mother will force him to pursue a court custody case.
Ive already told my daughters father that I plan on taking him to court (but did not mention my intent to move away with our daughter) all he had to say to that was "Well its about time." He is a procrastinator and a slacker and waits for things to happen rather than pursuing things on his own. However, given that he has not even made one effort to come the 3 hours to see her then I feel as though he wouldn't ever try to come see her if we moved out of state. I do want to her to have a relationship with her father IF and only IF he can clean up his lifestyle and go to rehab to help with his drug problem.
With all that said, moving is definitely in her best interest so I feel as though I'd have a good leg to stand on in court. We already have a home, a job waiting for me, and extended family. With the way that her father is now I feel as though he is unfit to be in her life and a safety risk.
Mom OP please do not move without permission. You risk getting all cozy, in ohio, Child and family gettin comfortable just to be ordered back.
There are laws for a reason, and courts to uphold them. Do the right thing and stay put for now!
Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.
Attorney-GAL in Ohio.
I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
If he goes to court to contest it, he has every right to do so - and that counts as fighting you in court. It doesn't matter whose idea it was. And you might lose.
You've gotten about all the legal advice you're going to get.
And that is a wise thing to do.