What is the name of your state (only U.S. law)? Ohio
I have a question regarding my ex-wife, who is the custodial parent, moving to another state to live with her parents (in Michigan). We both currently reside in Ohio, she lives approx 21 miles away with our 2 boys, ages 5 and 8. I, of course, am totally against this move for a number of reasons but cannot seem to find a answer as to if there is anything I can (court filing, injunction, hearing request, etc) to at the very least bring this to the courts attention that I do not want her to move that far away (300 miles plus) and to her parents home, who are in their late 60's and early 70's and in which the ex-wife 38 year old mentally disabled sister (she receives disability income and from what I was able to learn, was diagnosis with bi-polar, borderline schizophrenia, and a few other mental issues) I know these issues are probably not of importance but whfew other mental issues) I know these issues are probably not of importance but what is important is that I know I will not be able to see my two sons nearly as much as I do now and even less if she has her way. I am consistent in both my visitations and child support and usually toke them more often than our county's visitation rule allows (rule 17) as the ex had been good about allowing me to do so up until recently (well 3 months ago) when she reduces the amount of time I had them on my alternating weekends (from Friday 6pm to Saturday 8 or 9pm as the drop off time) and usually had some excuse about the oldest schooling being thrown off whenever I had him on Wednesday evenings (I would always drop him off, on time unlike her, at school Thursday mornings though it required us to awake at 6am since his school is 21 miles away and starts at 8:30am) I know technically should could be held in contempt (well possibly) but it isn't my concern as she plans on moving to Michigan as of June 15th, 2010. I received notice, in the mail, Saturday, May 22nd, 2010 from the court called a Intent to Relocate that only required her to file this before she moved. I went to a free legal clinic tonight and was told that I could do nothing as, and I quote, "the constitution allows freedom to live anywhere you want so she can do so and there is nothing you can do about it." I find it questionable that I have no recourse in having the court take a look at this move and deciding on it on way or the other. I'm very low on funds for a lawyer (still paying off the balance of what was $6000, but now $4000, to my divorce lawyer, a total of almost $15,000 in all!) so I don't want to hire one unless I have some idea that something can be done. After being told tonight that the answer is no, I'm lost as to what to do. I don't see my two boys enough as it (is it ever enough?) and can't imagine what will happen when they live over 300 miles away. Please let me know if the "attorney" at the legal clinic was correct or do I have some short of recourse available, including having to bit the bullet and hire another family law lawyer.What is the name of your state (only U.S. law)?
I have a question regarding my ex-wife, who is the custodial parent, moving to another state to live with her parents (in Michigan). We both currently reside in Ohio, she lives approx 21 miles away with our 2 boys, ages 5 and 8. I, of course, am totally against this move for a number of reasons but cannot seem to find a answer as to if there is anything I can (court filing, injunction, hearing request, etc) to at the very least bring this to the courts attention that I do not want her to move that far away (300 miles plus) and to her parents home, who are in their late 60's and early 70's and in which the ex-wife 38 year old mentally disabled sister (she receives disability income and from what I was able to learn, was diagnosis with bi-polar, borderline schizophrenia, and a few other mental issues) I know these issues are probably not of importance but whfew other mental issues) I know these issues are probably not of importance but what is important is that I know I will not be able to see my two sons nearly as much as I do now and even less if she has her way. I am consistent in both my visitations and child support and usually toke them more often than our county's visitation rule allows (rule 17) as the ex had been good about allowing me to do so up until recently (well 3 months ago) when she reduces the amount of time I had them on my alternating weekends (from Friday 6pm to Saturday 8 or 9pm as the drop off time) and usually had some excuse about the oldest schooling being thrown off whenever I had him on Wednesday evenings (I would always drop him off, on time unlike her, at school Thursday mornings though it required us to awake at 6am since his school is 21 miles away and starts at 8:30am) I know technically should could be held in contempt (well possibly) but it isn't my concern as she plans on moving to Michigan as of June 15th, 2010. I received notice, in the mail, Saturday, May 22nd, 2010 from the court called a Intent to Relocate that only required her to file this before she moved. I went to a free legal clinic tonight and was told that I could do nothing as, and I quote, "the constitution allows freedom to live anywhere you want so she can do so and there is nothing you can do about it." I find it questionable that I have no recourse in having the court take a look at this move and deciding on it on way or the other. I'm very low on funds for a lawyer (still paying off the balance of what was $6000, but now $4000, to my divorce lawyer, a total of almost $15,000 in all!) so I don't want to hire one unless I have some idea that something can be done. After being told tonight that the answer is no, I'm lost as to what to do. I don't see my two boys enough as it (is it ever enough?) and can't imagine what will happen when they live over 300 miles away. Please let me know if the "attorney" at the legal clinic was correct or do I have some short of recourse available, including having to bit the bullet and hire another family law lawyer.What is the name of your state (only U.S. law)?