My ex is planning to move out of state.....

[blackshadow]

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

My ex wife sent me papers on her intent to relocate I am stuck on what to do.She sent me by certified mail a copy of what she filed but it wasn't time stamped by the courts. Is that my notice of being served with the papers. We are yet to receive the documents by the courts on a hearing. She is expected to move June 6. I received her copy of papers on April 20. What should I do? Can I get a restraining order stopping her move with the child and not enrolling her in any other schools until a hearing is heard?
What do i need to file to stop her from taking our child with her? Her and I have always had a decent relationship until her recent remarriage. Her new husband is in the military.It says in our decree that she needs to file 60 days prior to her move and she didn't. We were just in court a few mos. back for something different. I had mentioned to the magistrate that my ex is moving and the magistrate asked her if she had plans now to move and she stated no. But a month after that was over her husband received papers on him being relocated to another state. Ex had enough time to file these papers back in march because that's when she found out she was moving. She waited until the end of april to file.

 

[LdiJ]

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

My ex wife sent me certify mail of her intent to relocate I am stuck on what to do. What do i need to file to stop her from taking our child with her? Her and I have always had a decent relationship until her recent remarriage. Her new husband is in the military.It says in our decree that she needs to file 60 days prior to her move and she did not do that. We were just in court a few mos. back for something different. I had mentioned to the magistrate that my ex is moving and the magistrate asked her if she had plans now to move and she stated no. But a month after that was over her husband received papers on him being relocated to another state. Ex had enough time to file these papers back in march because that's when she found out she was moving. She waited until the end of april to file.

If your spouse previously posted about this and was told to have you post, then you left out very important details.

Please get yourself a consult with a local attorney, like yesterday.

 

[blackshadow]

Um yes my wife did. I am very terrible at this computer stuff and explaining it out on here is hard for me.

 

[Ohiogal]

You need to file an objection to relocation with the court and serve your ex. YOu also need to request a hearing. At said hearing you will then present your idea of what is in the best interest of the children along with a parenting plan. The way the statute is written, she should have filed a notice of relocation with a parenting plan if the current schedule would not be able to be continued. Attach a copy of the certified letter to the objection.

 

[LdiJ]

You need to file an objection to relocation with the court and serve your ex. YOu also need to request a hearing. At said hearing you will then present your idea of what is in the best interest of the children along with a parenting plan. The way the statute is written, she should have filed a notice of relocation with a parenting plan if the current schedule would not be able to be continued. Attach a copy of the certified letter to the objection.

He was served 32 days ago and mom's move date is June 6th. I think he needs an attorney at this point.

 

[Ohiogal]

He was served 32 days ago and mom's move date is June 6th. I think he needs an attorney at this point.

He can file tomorrow quite frankly.

OP what county are you in?

 

[blackshadow]

You need to file an objection to relocation with the court and serve your ex. YOu also need to request a hearing. At said hearing you will then present your idea of what is in the best interest of the children along with a parenting plan. The way the statute is written, she should have filed a notice of relocation with a parenting plan if the current schedule would not be able to be continued. Attach a copy of the certified letter to the objection.

The intent to relocate was not notarized and I threw the envelope it came in out. If that's what you meant.

 

[Ohiogal]

Go to drcourt.org/forms.htm

Search for post decree motions and notice of relocation. That should help you formulate a motion.

 

[blackshadow]

He can file tomorrow quite frankly.

OP what county are you in?

Summit county

 

[Ohiogal]

The intent to relocate was not notarized and I threw the envelope it came in out. If that's what you meant.

I don't care about the envelope. You have the intent to relocate? Go to the page I told you about and find the notice to relocate --
it begins after the caption with:
I, _____________________________, a Residential Parent in the above-captioned case,
hereby give notice of my intent to relocate.

You would put I, ___________________________, a parent in the above captioned case hereby OBJECT to ________________ notice of intent to relocate.

The proper statute is:
O.R.C. 3109.051(G)

Instead of number three on that form you would have something like: I received a notice of intent to relocate from ___________________ on ______________ and it is attached as exhibit A.



File it and have your ex served. On that webpage also look at form 12. It has an example for notice of hearing on the bottom of it. You will need to construct your own motion but there are the pieces for it. Mimic. Copy. Learn. Do. File tomorrow. Serve your ex a copy. Also ask for a restraining order prohibiting her from moving the children.

 

[Ohiogal]

Summit county

Dear God almighty. The webpage I gave you -- that is the webpage for SUMMIT COUNTY. Understand? You will file and request a hearing date when filing. They will direct you to the proper phone. All the forms you need should be there. You can ask the clerks for a praecipe of service when you get there if you can't find it and they will serve your ex.

 

[blackshadow]

I don't care about the envelope. You have the intent to relocate? Go to the page I told you about and find the notice to relocate --
it begins after the caption with:
I, _____________________________, a Residential Parent in the above-captioned case,
hereby give notice of my intent to relocate.

You would put I, ___________________________, a parent in the above captioned case hereby OBJECT to ________________ notice of intent to relocate.

The proper statute is:
O.R.C. 3109.051(G)

Instead of number three on that form you would have something like: I received a notice of intent to relocate from ___________________ on ______________ and it is attached as exhibit A.



File it and have your ex served. On that webpage also look at form 12. It has an example for notice of hearing on the bottom of it. You will need to construct your own motion but there are the pieces for it. Mimic. Copy. Learn. Do. File tomorrow. Serve your ex a copy. Also ask for a restraining order prohibiting her from moving the children.

Thanks so much I will get on that right away.

 

[Ohiogal]

Thanks so much I will get on that right away.

YOu can cut and paste it. The Notice of Hearing is WORD FOR WORD what you will need. Depending on the magistrate they will NOT be happy if she knew about the move when you were in court and LIED about it.

 

[blackshadow]

Can i use the restraining order that's on there website?

 

[Ohiogal]

Can i use the restraining order that's on there website?

That is for divorces. As part of your objection to relocation (which should be in the caption instead of Notice of Relocation) you request that the court immediately order that mom is restricted from removing the children from the county until after the hearing. On a second page write the order for the judge to sign -- it would have the caption and in the body state;
Upon motion of the (defendant or plaintiff -- whichever you are), the children are prohibited from being relocated outside of Summit County until further order of the court.
then have a line for the judge to sign.