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Other Parent Moving

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MrDad

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

My son's mom told me in a message on our family wizard last night that she was moving to a town 10 miles away.

Our son is 7 and will complete 1st grade in May. I moved to same town a year ago and I'm 2 miles from his school and his home with his mom. I have around 40% parenting time, with summer being week on/week off and during the school year 10 of 28 nights plus holidays. We have shared parenting and are both residential with mom being the residential for school. We have equal decision making for school and medical.

Mom did not ask me about this move. She told me about this move.

I have been a member of the PTA since our son started school. I volunteer at all school events and take our son when it's my time with him.

Mom is not involved in school and she resents that I am. I believe she wants to change our son's school to have a fresh start away from my involvement. (I would, of course, be involved in the new school of this move happened.)

We live in a nice town and the school he attends is a good one.

My question is can I stop her from changing our son's school? Would the courts change residential for school purposes to me with our son being in a good school and both him and I are part of the community around his school?
 


Ohiogal

Queen Bee
It is possible that they would change residential for school purposes. Has mom filed a notice of relocation? File to stop the change of schools
 

MrDad

Junior Member
She has not filed anything with the court yet. She told me in a written message on Our Family Wizard. We are court ordered to use that program for communication.
 

LdiJ

Senior Member
She has not filed anything with the court yet. She told me in a written message on Our Family Wizard. We are court ordered to use that program for communication.
She may not realize that she has to file something with the court for a 10 mile move. It could even be questionable that a court would ding her for a 10 mile move. You might want to let her know that you will not accept your son changing schools, and that you will take her to court if necessary to ask the judge to prevent her from changing his school. If the move is not particularly important to her she might change her mind and stay in the school district, if it is important to her she might give up on any idea to change his school and the two of you could maybe avoid court altogether.

If taking it to court ends up being necessary you might want to be the one who does it, and fairly soon.
 

Just Blue

Senior Member
She may not realize that she has to file something with the court for a 10 mile move. It could even be questionable that a court would ding her for a 10 mile move. You might want to let her know that you will not accept your son changing schools, and that you will take her to court if necessary to ask the judge to prevent her from changing his school. If the move is not particularly important to her she might change her mind and stay in the school district, if it is important to her she might give up on any idea to change his school and the two of you could maybe avoid court altogether.

If taking it to court ends up being necessary you might want to be the one who does it, and fairly soon.
Why do you do this LD? There is an Ohio Family Law Attorney advising MrDad...I will bet my last dollar that she is much more knowledgeable than you.
 

HRZ

Senior Member
OP, I am not a fan of educating ones adversary as to the steps they must take in advance...follow Ohiogals suggestions , find out what is filed with court, from court.
 

LdiJ

Senior Member
Nothing has been filed with court.
Then I am back to my previous advice. You are going to want to let mom know that you will not accept your son changing school, and that you will take her to court if necessary to prevent that. If she does not agree to leave him in the same school, then take her to court and ask the judge to order that the child remains in the same school.
 

Ohiogal

Queen Bee
She may not realize that she has to file something with the court for a 10 mile move. It could even be questionable that a court would ding her for a 10 mile move. You might want to let her know that you will not accept your son changing schools, and that you will take her to court if necessary to ask the judge to prevent her from changing his school. If the move is not particularly important to her she might change her mind and stay in the school district, if it is important to her she might give up on any idea to change his school and the two of you could maybe avoid court altogether.

If taking it to court ends up being necessary you might want to be the one who does it, and fairly soon.
3109.05(G) ... please quit talking. She needs to file a notice of relocation. The law in OHIO requires it.
 
Last edited by a moderator:

Ohiogal

Queen Bee
Then I am back to my previous advice. You are going to want to let mom know that you will not accept your son changing school, and that you will take her to court if necessary to prevent that. If she does not agree to leave him in the same school, then take her to court and ask the judge to order that the child remains in the same school.
Please learn the law. In Ohio. Before you post on OHIO threads. The state where I am LICENSED. To PRACTICE LAW.

OP, file now. let it be known mom is moving without filing properly. and also let it be known the child should stay in the current school district. Where you reside.
 

HRZ

Senior Member
Now that you have confirmed that Mom has not followed the mandatory notice step...I still think it's wise to line up counsel on your side before you send in any notice of intent to violate and or seeking to preserve the status quo ..yes the rules in OH favor maintaining the status quo ..but I think your odds of prevailing as to maintaining status quo as to school etc rest with having good counsel in your corner .

And I would not be quick to address volunteering at some other school ...let your attorney pick the points that are likely to matter ..
 

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