What is the name of your state (only U.S. law)? Ohio
Profile: Never married we have two children [7&9 YO] that have been living w/me since July 2009 when defendant asked me to take them because she was uable to support. We mutually entered into a Shared Parenting decree in August of 2009. Both of us have custodial rights, I'm the residential and she has weekend visitation. She filed a motion to modify to have that reversed in May 2010 but was denied.
Defendant suffers from serve depression, PTSD and has attempted suicide numerous times, two of which I have police documentation. Once was in July 2009 and the most recent April 2011. Both times she was admitted for observation. The 1st instance she actually OD'd and was in the hospItal for a week, the most recent was alledged [reported by her ex-fiance] and was released the next day. In both cases the children were in her care.
I would have filed a E.M.C. motion immediately following her most recent episode but since she filed another motion to Modify Custody and our hearing was in 2 weeks I decided to address it then. When she was a NO SHOW I asked the magistrate to make an emergency ruling but she advized me to file a E.M.C. which I did as well as a Motion to Terminate our Parenting Plan.
In late 2010 she quit / fired from her job and in April 2011 [on our 9 YO birthday] decides to move away from all her family and 2 children and relocate to NY to begin a new life with her new BF, someone she's known for less than 4 months. This move was never discussed with me [except 4 days prior] or a new visitation schedule established. She's visited the boys twice in two months and has them now for the Summer break per our agreed entry.
Now she expects me to drive six hours [one way] to P/U my two boys for my 48 hr weekend visitation. The existing Shared Parenting Plan was drawn up when we both lived in the same city [and no, there are no provisions for relocation] when she was having weekly involvement with our children. Obviously that is very unilkely to happen now with her living out of state, no job and dependant on her BF to support her. I should also add that his apt is only 2 BR which he shares with is 2 YO son. When our children were there for Spring break they said they slept on a mattress in the living room floor yet this is where they will spend the Summer should the magistrate allow our existing plan to continue. During Spring break their mother had an arguement with her BF and calls her ex-fiance in Columbus to wire money because they have to leave. They end up staying with him at his parents house and that's where she wrote a "Last Will & Trust" before her most recent suicide attempt. Recently on her FB page she changed her status to having a relationship with her BF to having a relationship with herself. Therefore another concern I have is having my two young children in a potentially unstable environment for the next two months.
Is this sufficent grounds to terminate our Shared Parenting plan and ask that she not be able to make decisions on their behalf? TIA.
Profile: Never married we have two children [7&9 YO] that have been living w/me since July 2009 when defendant asked me to take them because she was uable to support. We mutually entered into a Shared Parenting decree in August of 2009. Both of us have custodial rights, I'm the residential and she has weekend visitation. She filed a motion to modify to have that reversed in May 2010 but was denied.
Defendant suffers from serve depression, PTSD and has attempted suicide numerous times, two of which I have police documentation. Once was in July 2009 and the most recent April 2011. Both times she was admitted for observation. The 1st instance she actually OD'd and was in the hospItal for a week, the most recent was alledged [reported by her ex-fiance] and was released the next day. In both cases the children were in her care.
I would have filed a E.M.C. motion immediately following her most recent episode but since she filed another motion to Modify Custody and our hearing was in 2 weeks I decided to address it then. When she was a NO SHOW I asked the magistrate to make an emergency ruling but she advized me to file a E.M.C. which I did as well as a Motion to Terminate our Parenting Plan.
In late 2010 she quit / fired from her job and in April 2011 [on our 9 YO birthday] decides to move away from all her family and 2 children and relocate to NY to begin a new life with her new BF, someone she's known for less than 4 months. This move was never discussed with me [except 4 days prior] or a new visitation schedule established. She's visited the boys twice in two months and has them now for the Summer break per our agreed entry.
Now she expects me to drive six hours [one way] to P/U my two boys for my 48 hr weekend visitation. The existing Shared Parenting Plan was drawn up when we both lived in the same city [and no, there are no provisions for relocation] when she was having weekly involvement with our children. Obviously that is very unilkely to happen now with her living out of state, no job and dependant on her BF to support her. I should also add that his apt is only 2 BR which he shares with is 2 YO son. When our children were there for Spring break they said they slept on a mattress in the living room floor yet this is where they will spend the Summer should the magistrate allow our existing plan to continue. During Spring break their mother had an arguement with her BF and calls her ex-fiance in Columbus to wire money because they have to leave. They end up staying with him at his parents house and that's where she wrote a "Last Will & Trust" before her most recent suicide attempt. Recently on her FB page she changed her status to having a relationship with her BF to having a relationship with herself. Therefore another concern I have is having my two young children in a potentially unstable environment for the next two months.
Is this sufficent grounds to terminate our Shared Parenting plan and ask that she not be able to make decisions on their behalf? TIA.
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