Mother moved before I filed motion to contest the move..is it too late?

[Ohiogal]

A little more clarification. Shared Parenting was established April 2016 because I knew she would try to move the kids or do something without me being involved in the decision. Sure enough she did, she pulled daughter our of school and moved them across the indiana border even when I told her I did not agree with the move. As I said in original post, she moved Nov 9th but filed the notice Nov 2nd. Clearly not the 60 day notice required by State of OH...especially when considering she moved out of Ohio.

The move was not in the best interest of the kids. She moved so her husband could live closer to his daughter.

I understand what you all mean. LD saying the judge won't want to pull her out of school again just to live with me or make mom move back. I agree with OHgal saying I have potential of getting both of them living with me for stability. Im still in a pickle. I know I need to make a decision like Mon morning if I want to file a contest. Like I said, my fear is that they'll just modify the current plan to accommodate the distance and basically tell me to deal with it.

The judge does NOT make best interests based upon not having to remove the child from school and make the child changes schools. THAT is not a best interest factor. File to contest and to terminate the shared parenting plan OR make it so that you are primary parent. If you don't do anything, then you just have to deal with it.

 

[CTU]

Advantage, Ohiogal.

Game, set & match actually.



Seriously, though. With all due respect to LdiJ (and there is much!), it seems somewhat odd to go up against an Ohio family law attorney and GAL with an extensive bank of experience battling these things inside the murky depths of the Ohio family court system.

(I have no idea if it's really murky and deep in there, it just fit the narrative )

 

[whodey01]

The judge does NOT make best interests based upon not having to remove the child from school and make the child changes schools. THAT is not a best interest factor. File to contest and to terminate the shared parenting plan OR make it so that you are primary parent. If you don't do anything, then you just have to deal with it.

Why would I terminate the shared parenting plan? What good would that do to me? She could then so as she pleases without my input on any factor..which is why I got the plan in place in the first place.

Btw, I appreciate all the responses

 

[LdiJ]

Game, set & match actually.



Seriously, though. With all due respect to LdiJ (and there is much!), it seems somewhat odd to go up against an Ohio family law attorney and GAL with an extensive bank of experience battling these things inside the murky depths of the Ohio family court system.

(I have no idea if it's really murky and deep in there, it just fit the narrative )

I am just taking the best interest factors (Ohio's) and applying them. My opinion would be different if switching custody to dad would keep the child in her same community and school.

 

[Ohiogal]

Why would I terminate the shared parenting plan? What good would that do to me? She could then so as she pleases without my input on any factor..which is why I got the plan in place in the first place.

Btw, I appreciate all the responses

Terminating the shared parenting plan wouldn't necessarily be in your best interest but if it is terminated YOU could get residential and legal custody and she could get visitation only. You would need to review everything with an attorney to determine the best interests. But definitely file for the children to IMMEDIATELY be returned to Ohio in your household and attend school where you are due to Mother's inability to follow court orders.

 

[Ohiogal]

I am just taking the best interest factors (Ohio's) and applying them. My opinion would be different if switching custody to dad would keep the child in her same community and school.

But you are wrong. You aren't taking the best interest factors. You jumped on the fact that it would be disruptive. That isn't it. Mom can't follow court orders/laws. That is a major factor. Where did you consider that?

 

[Ohiogal]

Game, set & match actually.



Seriously, though. With all due respect to LdiJ (and there is much!), it seems somewhat odd to go up against an Ohio family law attorney and GAL with an extensive bank of experience battling these things inside the murky depths of the Ohio family court system.

(I have no idea if it's really murky and deep in there, it just fit the narrative )

Yeah it is. I won custody for a father because a mother refused to follow court orders/law. Hey guess what this case is???? But I know nothing because LD has it.

Bitter. Trumpeteers have me completely ticked off with their bigotry.