Ohio - Mom moves to KY - Legal?

[LdiJ]

Yes. Mom is in town now [moving Monday], son has spent the last 5 days with me. I don't believe she has received the serving papers yet. I'll ask her later today for their address in KY [she has no phone service in Cols]. When I dropped off my son last weekend [in Cols] we talked about "meeting halfway" for my bi-monthly weekends with him. I agreed to this but my much bigger concern in having him reside in town so I can monitor and respond to his academic and psychologicial needs [sees psych in Cols]. This would be very difficult to do should he move. EX: I often get calls from the schools asking why he isn't in school because the mom hasn't called them, doesn't have a workiing phone or chooses not to answer. He missed 15+ days last year with 27+ tardys.

If you are going to hit on the school issues....make the tardies your main point, and the absences secondary. 15 absences really isn't all that bad, but 27 tardies IS.

 

[mcwjjm]

Update

Mom was scheduled to move Monday [14th]. When I dropped my son off on Sunday I was able to get their new address in KY. On Monday I filed new serving papers with the Clerk of Courts to serve her there [in addition to the earlier papers with her Cols. address]. I will call her by the weekend to alert her of our court date on Tuesday [22nd] just in case she didn't get the letter.

Contacted his principal for last year and was able to make copies of his student file. Found some notices about her missing numerous psychological testing appointments for our son. I also got his report card from last year. He had 19 absences [10 unexcused] along with 29 tardies.

My motion for the emergency custody is

1>. To avoid having to possibily pull him from another school should I be granted custody [I originally had a custody hearing set for October]. In his 5 academic campaigns he has been in 4 different schools. To help him turn around his "failing status". The mom is on S.S.I and admitted she is unable to help him with his homework.

2>. I have a psychiatric action plan in place with a psychologist in Cols. The mother has clearly not addressed his needs in this area after she was strongly advised our son be tested with a neuropyschologist in 2004 [I only found out about this in May, 2007] and she only followed through in March of this year, and only after the principal threathened to contact Children Services if she didn't. I have a meeting with his doctor this Friday to discuss his progress on his assessment of the school's psychologist screening so we can put together a academic action plan for this Fall.

3>. If she moves out of state I will be severely compromised to be responsive to his needs [financial, medical, academic, etc...]

4>. My son needs stability, instead of being moved 12 times in his 10 years or going through two marriages that ended in divorce and a pending third marriage to her new KY BF. My life OTOH is stable. I live with my fiance and our two children [ages 4 and 6].

I'll have several "parenting plans" at the ready depending on how the custody proceding go on Tuesday.

Am I missing anything?

 

[Bloopy]

Mom was scheduled to move Monday [14th]. When I dropped my son off on Sunday I was able to get their new address in KY. On Monday I filed new serving papers with the Clerk of Courts to serve her there [in addition to the earlier papers with her Cols. address]. I will call her by the weekend to alert her of our court date on Tuesday [22nd] just in case she didn't get the letter.

Contacted his principal for last year and was able to make copies of his student file. Found some notices about her missing numerous psychological testing appointments for our son. I also got his report card from last year. He had 19 absences [10 unexcused] along with 29 tardies.

My motion for the emergency custody is

1>. To avoid having to possibily pull him from another school should I be granted custody [I originally had a custody hearing set for October]. In his 5 academic campaigns he has been in 4 different schools. To help him turn around his "failing status". The mom is on S.S.I and admitted she is unable to help him with his homework.

2>. I have a psychiatric action plan in place with a psychologist in Cols. The mother has clearly not addressed his needs in this area after she was strongly advised our son be tested with a neuropyschologist in 2004 [I only found out about this in May, 2007] and she only followed through in March of this year, and only after the principal threathened to contact Children Services if she didn't. I have a meeting with his doctor this Friday to discuss his progress on his assessment of the school's psychologist screening so we can put together a academic action plan for this Fall.

3>. If she moves out of state I will be severely compromised to be responsive to his needs [financial, medical, academic, etc...]

4>. My son needs stability, instead of being moved 12 times in his 10 years or going through two marriages that ended in divorce and a pending third marriage to her new KY BF. My life OTOH is stable. I live with my fiance and our two children [ages 4 and 6].

I'll have several "parenting plans" at the ready depending on how the custody proceding go on Tuesday.

Am I missing anything?

I think you are making a very good case with appropriate evidence.

In you campaign as the stable parent, you’re using strange semantics.

You’re living with your “fiancée,” the mother of your children ages 6 and 4? Using the word fiancée in this context to prove your stability, sounds silly.

I apologize for sounding judgmental. However, the same question will be raised, or at least thought of, in court.

 

[wileybunch]

You’re living with your “fiancée,” the mother of your children ages 6 and 4? Using the word fiancée in this context to prove your stability, sounds silly.

I apologize for sounding judgmental. However, the same question will be raised, or at least thought of, in court.

Those were my immediate thoughts, too, but then there are some very liberal family court judges out there that would think nothing of that and would look at you like you have 2 heads if you brought it up as some kind of shortcoming to live together vs. be married.

 

[mcwjjm]

The point I was trying to make was of the instability of the mom. While we may not fit the role mode for the "nuclear family" I have a much more stable life.

 

[Ohiogal]

The point I was trying to make was of the instability of the mom. While we may not fit the role mode for the "nuclear family" I have a much more stable life.

No you don't. NOt in that point anyway because your girlfriend/lover/bedmate has no legal ties to you at all. Do you have a parenting plan/custody arrangement for the two children? If not, then no stability at all there.

 

[Bloopy]

Those were my immediate thoughts, too, but then there are some very liberal family court judges out there that would think nothing of that and would look at you like you have 2 heads if you brought it up as some kind of shortcoming to live together vs. be married.

There is nothing wrong with them not getting married.

It’s just silly to emphasize the word fiancée.

He has a stable life and has strong evidence that hers is not.

 

[Ohiogal]

There is nothing wrong with them not getting married.

It’s just silly to emphasize the word fiancée.

He has a stable life and has strong evidence that hers is not.

stability comes from things other than relationships. Housing, employment, family ties. But to emphasize a girlfriend to prove stability is NOT a smart move.

 

[Bloopy]

stability comes from things other than relationships. Housing, employment, family ties. But to emphasize a girlfriend to prove stability is NOT a smart move.

Agreed .

 

[mcwjjm]

No you don't. NOt in that point anyway because your girlfriend/lover/bedmate has no legal ties to you at all.

What I'm emphasizing is that I've been in a committed, stable relationship. We have a family, a home even if we don't have legal document.

Do you have a parenting plan/custody arrangement for the two children? If not, then no stability at all there.

Our "plan" is to marry and raise our children. There are few "sure things" in life but our relationship has outlasted two of her marriages.

I mentioned her and my other two children because they live with me, and siblings would be a factor in my favor.

 

[mcwjjm]

Question about Children @ Hearing

There was a continuance in my EMC hearing on Tuesday [so she could seek council] - re-scheduled for August 12th. I had a question if children are allowed to speak at these hearings? He's made it clear that he wants to stay with his mother. I'm sure she will bring this up but was curious if he would be allowed to speak. He's 10. Thanks.

 

[Humusluvr]

What I'm emphasizing is that I've been in a committed, stable relationship. We have a family, a home even if we don't have legal document. .

Are you not following us here?

Fiance does not equal stable. Don't say fiance. Don't bring up another partner at all.

 

[Humusluvr]

There was a continuance in my EMC hearing on Tuesday [so she could seek council] - re-scheduled for August 12th. I had a question if children are allowed to speak at these hearings? He's made it clear that he wants to stay with his mother. I'm sure she will bring this up but was curious if he would be allowed to speak. He's 10. Thanks.

Is it in his best interests to remain with mom? I think you have proven its not. He's ten - and easily manipulated by mom. Win your case based on what is best for the child.

 

[mcwjjm]

Is it in his best interests to remain with mom? I think you have proven its not. He's ten - and easily manipulated by mom. Win your case based on what is best for the child.

Thanks but back to my question... are children his age able to speak at these hearings?

 

[Ohiogal]

Thanks but back to my question... are children his age able to speak at these hearings?

Maybe. Most judges in Ohio that am familiar with do NOT want children brought into court.

ETA:
Here is appropriate law from Ohio:

(B)(1) When making the allocation of the parental rights and responsibilities for the care of the children under this section in an original proceeding or in any proceeding for modification of a prior order of the court making the allocation, the court shall take into account that which would be in the best interest of the children. In determining the child’s best interest for purposes of making its allocation of the parental rights and responsibilities for the care of the child and for purposes of resolving any issues related to the making of that allocation, the court, in its discretion, may and, upon the request of either party, shall interview in chambers any or all of the involved children regarding their wishes and concerns with respect to the allocation.(2) If the court interviews any child pursuant to division (B)(1) of this section, all of the following apply:

(a) The court, in its discretion, may and, upon the motion of either parent, shall appoint a guardian ad litem for the child.

(b) The court first shall determine the reasoning ability of the child. If the court determines that the child does not have sufficient reasoning ability to express the child’s wishes and concern with respect to the allocation of parental rights and responsibilities for the care of the child, it shall not determine the child’s wishes and concerns with respect to the allocation. If the court determines that the child has sufficient reasoning ability to express the child’s wishes or concerns with respect to the allocation, it then shall determine whether, because of special circumstances, it would not be in the best interest of the child to determine the child’s wishes and concerns with respect to the allocation. If the court determines that, because of special circumstances, it would not be in the best interest of the child to determine the child’s wishes and concerns with respect to the allocation, it shall not determine the child’s wishes and concerns with respect to the allocation and shall enter its written findings of fact and opinion in the journal. If the court determines that it would be in the best interests of the child to determine the child’s wishes and concerns with respect to the allocation, it shall proceed to make that determination.

(c) The interview shall be conducted in chambers, and no person other than the child, the child’s attorney, the judge, any necessary court personnel, and, in the judge’s discretion, the attorney of each parent shall be permitted to be present in the chambers during the interview.

(3) No person shall obtain or attempt to obtain from a child a written or recorded statement or affidavit setting forth the child’s wishes and concerns regarding the allocation of parental rights and responsibilities concerning the child. No court, in determining the child’s best interest for purposes of making its allocation of the parental rights and responsibilities for the care of the child or for purposes of resolving any issues related to the making of that allocation, shall accept or consider a written or recorded statement or affidavit that purports to set forth the child’s wishes and concerns regarding those matters.

The bolding is mine. Mom and you will NOT be present. If mom brings up a letter from the child or any recording of the child bring up the law above.