Mom left state

[blackshadow]

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

Well I have a ex parte order to restrain my daughter to ohio because mother filed her intent to relocate. We have court next month but the issue is she already moved out of state as of today but she left my daughter with her grandpa. What should I do file another ex parte ordering me temporary custody until the hearing or what?

Thank you in advance

 

[meanyjack]

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

Well I have a ex parte order to restrain my daughter to ohio because mother filed her intent to relocate. We have court next month but the issue is she already moved out of state as of today but she left my daughter with her grandpa. What should I do file another ex parte ordering me temporary custody until the hearing or what?

Thank you in advance

First, you should go get your child from the grandparents. Let them know you are coming to get your child since your ex left the child with them. If they cause a stink, inform them they don't have a legal leg to stand on and if they don't turn over the child to you, there will be legal consequences to their actions.
Whatever you do, DO NOT let them talk you into anything different (like they'll care for the child) or that the mother told them something different. None of that matters. You are the parent and your rights trump the grandparents.

Second, you could file the ex-parte for change in custody AND temporary child support pending a hearing (and ask that any child support you are ordered to pay should cease), but you should also file an official motion for change of custody & child support and note all the pertinent facts in an attached Memorandum In Support. With that motion, a revised parenting plan will need to be attached including a parenting time schedule and transportation responsibilities (and since it's mom moving away, she should be held responsible for the additional costs of travel). In addition, you should be file for child support.

Stay tuned as OG might have more to add.

 

[Ohiogal]

Definitely file as meanyjack stated. Attach to your ex parte motion the ex parte order that Judge Quinn signed as well as an affidavit stating that mom moved and left the child with the grandparents.

However do you have a shared parenting plan? What type of custody do you have?

 

[blackshadow]

Definitely file as meanyjack stated. Attach to your ex parte motion the ex parte order that Judge Quinn signed as well as an affidavit stating that mom moved and left the child with the grandparents.

However do you have a shared parenting plan? What type of custody do you have?

OG I have just the basic of basic parenting time the normal court schedule that they follow.

 

[CJane]

Question is, how do you prove that Mom relocated and left the child behind? How do you prove she's not just out of town and left the child with responsible adults while she was gone?

Is it really in your child's best interests for you to show up at gramma and grampa's and cause a scene in an effort to take her home? Is she being harmed by time with her grandparents? Do you have any reason to believe that Mom WON'T be at the hearing and/or will secret/hide the child from you?

 

[blackshadow]

Question is, how do you prove that Mom relocated and left the child behind? How do you prove she's not just out of town and left the child with responsible adults while she was gone?

Is it really in your child's best interests for you to show up at gramma and grampa's and cause a scene in an effort to take her home? Is she being harmed by time with her grandparents? Do you have any reason to believe that Mom WON'T be at the hearing and/or will secret/hide the child from you?

Sha had filed intent to relocate and I objected to it so we have a hearing next month. When she filed her paper she put the date of her move and it was June 8th and she is gone mother told me herself.

The only reason she left daughter behind is I have a restraining order preventing her to from taking daughter with her. until there has been a full hearing on the case. I also filed modification to parental rights.

 

[CJane]

Sha had filed intent to relocate and I objected to it so we have a hearing next month. When she filed her paper she put the date of her move and it was June 8th and she is gone mother told me herself.

The only reason she left daughter behind is I have a restraining order preventing her to from taking daughter with her. until there has been a full hearing on the case. I also filed modification to parental rights.

Again. You know she left town. Which she has EVERY RIGHT to do. She followed the court order and did not take the child.

How do you PROVE she relocated and left the child behind? And what do you hope to gain by proving to the court that Mom followed the order?

I notice you didn't answer the question about your actions being in the child's best interests.

 

[stealth2]

Why did this warrant yet another new thread?

 

[CJane]

Why did this warrant yet another new thread?

Cuz the interwebs is endless and can be cluttered at will, apparently. Same reason he thinks the situation warrants a whole new ex parte.

 

[Ohiogal]

OG I have just the basic of basic parenting time the normal court schedule that they follow.

On second thought, don't file an ex parte. You could just go get your child. Exercise your four week summer vacation time beginning now. You are granted that in the Parenting time Schedule under local rule 25 and I do not believe your judge will slam you for exercising your time though you may get a wrist slap for not giving 60 days notice (the part that you have not followed of it). Inform mom that you will be exercising your month of summer at this juncture. Granted that could mess with plans if you have any at the end of the summer but it is one way to legitimately have the child in your custody. You have filed for custody correct?

Keep all posts in this thread.

 

[meanyjack]

I notice you didn't answer the question about your actions being in the child's best interests.

I am very surprised you're actually harping on this. If this is an involved Dad, then why is this even an issue? So, he shouldn't go get his child from the grandparents? Unless there's more to this story in another thread somewhere (which I don't have the patience/time to search).

 

[CJane]

I am very surprised you're actually harping on this. If this is an involved Dad, then why is this even an issue? So, he shouldn't go get his child from the grandparents? Unless there's more to this story in another thread somewhere (which I don't have the patience/time to search).

Well, let's see.

Maybe Mom is exercising HER 4 weeks of summer visitation. And she chose to allow the child to spend some of that time with gramma/grampa. Dad swoops in, demands child, calls cops, raises a huge ruckus and 'wins'. Not exactly kiddo's best interests.

It's an issue because Mom has the RIGHT to allow the child to spend time with other people on HER time. That's what we tell people ALL THE TIME.

Dad needs to consider whether it's in the child's best interests to go get her or let her visit with the GP's. Unless and until his visitation rights are violated.

 

[Ohiogal]

Well, let's see.

Maybe Mom is exercising HER 4 weeks of summer visitation. And she chose to allow the child to spend some of that time with gramma/grampa. Dad swoops in, demands child, calls cops, raises a huge ruckus and 'wins'. Not exactly kiddo's best interests.

It's an issue because Mom has the RIGHT to allow the child to spend time with other people on HER time. That's what we tell people ALL THE TIME.

Dad needs to consider whether it's in the child's best interests to go get her or let her visit with the GP's. Unless and until his visitation rights are violated.

Mom does NOT get four weeks of summer visitation. Per the local rule the NCP gets to dictate the NCPs time first. Thus the NCP can swoop in and take his four weeks with the only drawback being lack of 60 days notice. Since mom however was trying to cut and run and had an ex parte order confining child here I do not see the OP's court dinging him more than an admonishment for taking time with his child.

 

[CJane]

Mom does NOT get four weeks of summer visitation. Per the local rule the NCP gets to dictate the NCPs time first. Thus the NCP can swoop in and take his four weeks with the only drawback being lack of 60 days notice. Since mom however was trying to cut and run and had an ex parte order confining child here I do not see the OP's court dinging him more than an admonishment for taking time with his child.

And the best interests of the child be damned?

Nice.

OP ~ Do whatever you want to do, and know that legally you'll 'only' get dinged. Funny how advice to create a situation where you're in contempt is ok - as long as Mom is being a bitch.

 

[Ohiogal]

And the best interests of the child be damned?

Nice.

OP ~ Do whatever you want to do, and know that legally you'll 'only' get dinged. Funny how advice to create a situation where you're in contempt is ok - as long as Mom is being a bitch.

How about the fact that I know the court where this person's case is. How about I know the situation and the facts regarding how this OP's PARTICULAR judge rules. How about the fact that mom tried to move against Ohio law and that PARENTS' rights are superior to those of grandparents as grandparents in Ohio have no rights. They have standing to sue for visitation in limited situations but this is NOT one of them and hence they have NO RIGHTS to keep this father from getting his child. How about the fact that dad is entitled per his court order (which he stated is the STANDARD VISITATION PLAN for his county) to FOUR WEEKS OF SUMMER VISITATION and that

"Non-residential parent's schedule shall have priority over residential parent's unless residential parent's vacation time is mandated by provisions of his/her employment (such as annual plant shut down)."

That is NOT the case here.

"The parties shall give written notice of the vaction schedule at least 60 days in advance."

Neither party did that. So they are both equally in the wrong for that. Mom's transgressions are greater than dad's. OP was told he would be in contempt for the lack of notice HOWEVER he is also entitled to the time of four weeks this summer.