Is moving within the same county considered a change of circumstance?

[Zigner]

Statute is 3109.051(G). File a notice properly.
Just because you agreed to that doesn't mean it is binding when you are changing schools. You could open enroll if out of the school district. You need to file the law.

Text of the law:
(G)
(1) If the residential parent intends to move to a residence other than the residence specified in the parenting time order or decree of the court, the parent shall file a notice of intent to relocate with the court that issued the order or decree. Except as provided in divisions (G)(2), (3), and (4) of this section, the court shall send a copy of the notice to the parent who is not the residential parent. Upon receipt of the notice, the court, on its own motion or the motion of the parent who is not the residential parent, may schedule a hearing with notice to both parents to determine whether it is in the best interest of the child to revise the parenting time schedule for the child.

With this section of the statute in mind, is there a time limit for the motion to be filed by the non-residential parent?

 

[Ohiogal]

Basically As soon as possible. It is very possible that she could lose residential for school purposes.

 

[PayrollHRGuy]

1) If the residential parent intends to move to a residence other than the residence specified in the parenting time order or decree of the court,

Would that not imply before the move takes place?

 

[Ohiogal]

Would that not imply before the move takes place?

Yep... Before the move takes place... As soon as she knows, she is going to have to tell dad in writing and file with the court. Since it is shared parenting, both parents need to inform of a move at the earliest possible moment.

 

[Ohiogal]

Text of the law:
(G)
(1) If the residential parent intends to move to a residence other than the residence specified in the parenting time order or decree of the court, the parent shall file a notice of intent to relocate with the court that issued the order or decree. Except as provided in divisions (G)(2), (3), and (4) of this section, the court shall send a copy of the notice to the parent who is not the residential parent. Upon receipt of the notice, the court, on its own motion or the motion of the parent who is not the residential parent, may schedule a hearing with notice to both parents to determine whether it is in the best interest of the child to revise the parenting time schedule for the child.

With this section of the statute in mind, is there a time limit for the motion to be filed by the non-residential parent?

in a shared parenting plan, BOTH parents are residential.

 

[Zigner]

Gotcha

 

[LdiJ]

I think that the devil's ion the details. Which are not included. (age of kiddo, how long at current school, grade, etc...) There are ages/grades/school structure that may weigh more or less in one parent's favor or the other.

I would agree with you if an original order was being decided, but we are talking about the potential of dad challenging the existing order.

 

[livinmybestlife]

I want to thank you all for your replies. I have scheduled a consultation with the attorney I used for my divorce to confirm and file the motion. I don't think Dad will object, but I wanted to make sure I was educated prior to getting the ball rolling. I appreciate all of your time. Thank you.

 

[Ohiogal]

I would agree with you if an original order was being decided, but we are talking about the potential of dad challenging the existing order.

And you are wrong as you don't understand shared parenting.