GOAL: to have a shared parenting arrangement.
PROBLEM: It appears that eX has moved 25 miles North to a different County.(Stark Co.)
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I have been renting near where eX/son lives; a few months ago I bought a house in the same area.
Son is now 5 yrs old.
BACKGROUND:
Divorce final Nov 2002
State: OHIO County: Tuscarawas County
eX wife= Custodial parent (Physical & Legal custody; also called residential parent)
eX wife= Lives in Bolivar (Tuscarawas Co.)
eX wife= Works part time in Canton (Stark Co.)
me= NON-Custodial parent
me= Lives in Bolivar (Tuscarawas Co.)
I have the old standard visitation:
> Every other weekend
> Every Tuesday from 3:00-6:00 pm
> 4 weeks vacation
June 6, 2005 I was informed that Son would be attending Private School in Canton(Stark Co.) and not the local Kindergarten in Bolivar(Tuscarawas Co.). I was not consulted in this matter.
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MOVE-AWAY CIRCUMSTANCES
** It appears that eX has moved 25 miles North to a different County.(Stark Co.)
Ex has continued to exchange son at local McDonalds.(Tuscarawas Co.) Therefore visitation has not been disrupted.
There is a Custodial Parent Relocation form for Tuscarawas County. "Notice of Relocation "
http://www.co.tuscarawas.oh.us/ClerkofCourts/RelocationPacket.pdf
[EM]One attorney emailed me back stating:[/EM]
I do need to point out that the custodian usually picks the school unless there is language to the contrary in your orders. There is a statute about moving, but it really only addresses the visitation issues.
And
"Where the relocation distance is small, there might not even be a material change in circumstance upon which a parent could move the court to modify an existing custody and visitation order. Since typically a material change of circumstance is required before a court will modify an existing custody or visitation order, a move across town ordinarily is an insufficient basis upon which the existing order would be changed. Although the relocation may make the visitation exchange more difficult, it may remain practical to comply with the existing order, so no change would be made."
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It appears that:
1. eX can choose a school 25 miles away.
2. Court will do nothing about move away. (eX can move without consent)
3. Having a shared parenting arrangement is not possible at this time.
4. Son and Dad will NOT be able to share more time together.
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QUESTION:
** Thinking out side the box. Is there anything that can be done to allow more Father and Son time?[/FONT]
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** perhaps IMPORTANT INFORMATION**
eX and eX's Attorney are,,, lets say social friends. I am sure eX's Attorney knows about eX's move and has advised her on how to proceed based on the fact I bought a house in the neighborhood.
So apparently eX Attorney feels that it is better for eX to say [EM]"I didn't know I had to file"[/EM] than it was for eX to file the proper paper work in a timely fashion.