Moving/Custody/Visitation

[Ohiogal]

Furthermore:
Thelma J. Citta-Pietrolungo v. Joseph F. Pietrolungo, 2002-Ohio-4589, 02-LW-3533, 80960
Court of Appeals of Ohio, Eighth District, Cuyahoga
September 5, 2002

{¶20} "Whether a motion to relocate will be granted turns on whether the relocation is in the best interest of the children." Rozborski v. Rozborski (1996), 116 Ohio App.3d 29. Moreover, "*** the moving party bears the burden of establishing whether the requested relocation is in the best interest of the children." Id.

Gydosh v. Vice, 2002-Ohio-1388, 80176, 02-LW-1193 (8th)
Court of Appeals of Ohio, Eighth District
March 28, 2002

In this case the parents had 50/50 time and mom was named residential parent for school purposes. Guess what? Dad became custodian and mom got nothing but visitation.

I. THE LOWER COURT COMMITTED ABUSE OF DISCRETION IN THE APPLICATION OF O.R.C. S3109.051(G)(1) IN THAT THE LOWER COURT FOUND THAT IT WAS IN THE BEST INTEREST TO MODIFY THE VISITATION SCHEDULE AND DETERMINED THAT A CHANGE IN PARENTAL RIGHTS AND RESPONSIBILITIES WAS NECESSARY.

II. THE LOWER COURT COMMITTED ABUSE OF DISCRETION IN THE APPLICATION OF O.R.C. S3109.04(E)(1)(a) AND (F)(1) IN THAT THE LOWER COURT FOUND A CHANGE IN CIRCUMSTANCE IN THE APPELLANT THEREBY FINDING A MODIFICATION OF THE ALLOCATION OF PARENTAL RIGHTS AND RESPONSIBILITIES TO BE IN THE BEST INTEREST OF THE CHILD.

In both of these assignments of error, Tami argues that the trial court erred in its application of the law with regard to her notice of relocation under R.C. 3109.051(G). First, Tami argues that the trial court erred in determining that it was in the best interest of the child to name the father as primary residential parent and legal custodian. Second, Tami argues that a change in custody is not warranted simply because she moved to another state. We disagree.

And many of these cases state that 3109.051(G) is not really applicable to a shared parenting plan due to the fact that both parents have custody and that this needs to go to court for modifications due to a move of distance.

And I really shouldn't post a lot when I have been up since 3 am and didn't get a lot of sleep but oh well.

 

[tuffbrk]

With these things in mind I cannot help but feel that having the child remain where he is - with the same surroundings, the same environment, even down to the same sitter (who just happens to be Dad's parent) - is overall going to be better for him.

I'm not seeing much of a benefit for anyone, OP included. Using minimum wage as a basis, the proposal is to move 3 hours to gain potentially $480 - $800 extra monthly. The $800 is not so shabby, but when you take into account: expected increase in childcare costs, accommodations and cost for child's sick care, additional mileage means increased car maintenance costs; increased car insurance premiums, gas to make the round-trip drop off/pick up combined with a potential decrease in child support due to Mom's increased salary? Granted it was noted that rent/utility cost will likely decrease but that doesn't balance all of the extra cash required as a result of the move. I'm simply not seeing the value gained that is worth disrupting the child's current schedule. In fact, the entire scenario makes me suspicious that there may be another reason behind the move.

 

[Ohiogal]

I'm not seeing much of a benefit for anyone, OP included. Using minimum wage as a basis, the proposal is to move 3 hours to gain potentially $480 - $800 extra monthly. The $800 is not so shabby, but when you take into account: expected increase in childcare costs, accommodations and cost for child's sick care, additional mileage means increased car maintenance costs; increased car insurance premiums, gas to make the round-trip drop off/pick up combined with a potential decrease in child support due to Mom's increased salary? Granted it was noted that rent/utility cost will likely decrease but that doesn't balance all of the extra cash required as a result of the move. I'm simply not seeing the value gained that is worth disrupting the child's current schedule. In fact, the entire scenario makes me suspicious that there may be another reason behind the move.

Boyfriend. Girlfriend. Both?