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Messages - Bolivar

Pages: 1 23 4 ... 27
11
Dear Socrateaser / One more MOVE-AWAY question
« on: Jul 12, 2005, 08:37:21 AM »
 
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.


[FONT COLOR=RED]
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.


12
Dear Socrateaser / Thanks
« on: Jun 24, 2005, 06:09:58 AM »
As always “Thanks a million”

The Children sing songs of joy for your help!!!!

God smiles on you!!!!!!

:-) :-) :-) :-) :-) :-) :-) :-) :-) :-) :-) :-)

13
Dear Socrateaser / RE: Move away Question
« on: Jun 22, 2005, 09:08:40 AM »
" your ex purchased a new home 35 miles away in a different county PRIOR to providing you and the court with notice of her intended move?"
>>YES.  She has still not given the court notice of her intention to move.


"All of this assumes that your relationship with your child is a good one. Obviously, if it's weak and the child doesn't really wish to spend time with you, then you're probably wasting your time."
>>I have a GREAT relationship with my son!!!!!


"But, if the relationship is strong, and my facts are straight, then I'd be getting an attorney and suing for contempt."
>> I have an attorney and he said "be quiet, don't let her know, that we know she moved."  Then he said “if she finds out you know then she will file now”.  Apparently he feels that if she files now not much will happen.  


What kind of questions should I be asking my attorney?

14
Dear Socrateaser / RE: Move away Question
« on: Jun 22, 2005, 06:02:51 AM »
The reason I moved is to be close to my son, and so I could have Shared parenting.

My eX knows that and I believe that is why she moved.

What kind of evidence would I need to bring to court to show them the move was vindictive?  I would have to show that Shared Parenting is in the childs best interest. (which we all know)

15
Dear Socrateaser / RE: Move away Question
« on: Jun 22, 2005, 06:02:51 AM »
The reason I moved is to be close to my son, and so I could have Shared parenting.

My eX knows that and I believe that is why she moved.

What kind of evidence would I need to bring to court to show them the move was vindictive?  I would have to show that Shared Parenting is in the childs best interest. (which we all know)

16
Dear Socrateaser / RE: Move away Question
« on: Jun 21, 2005, 09:56:50 AM »

Me, DAD = Non-custodial parent
                    Visitation every other weekend & Tuesday 3-6pm
Mom = custodial parent (physical custody, Legal custody, also called residential parent)

From the divorce decree:
I.  RESIDENTIAL PLACEMENT AND COMPANIONSHIP OF THE CHILD
            A.   Wife will be named residential parent of the parties’ minor child, SON.
            B.    Husband will be permitted companionship as follows
                   1. etc……… etc…..


>>"Does the court order say anything about education?"
NO

>>"Does the child have any special needs that cannot be accomodated in public school?"
NO

>>"What State has jurisdiction? "
State: OHIO  County: Tuscarawas County

>>"Does this State have a statute concerning child relocation?"
There is a Custodial Parent Relocation form for my County. “Notice of Relocation”

http://www.co.tuscarawas.oh.us/ClerkofCourts/RelocationPacket.pdf


If that link doesn’t work the main form page:
http://www.co.tuscarawas.oh.us/ClerkofCourts/Forms.htm

Scroll down until you see the “Notice of Relocation”



Hope this helps 


17
Dear Socrateaser / RE: Move away Question
« on: Jun 21, 2005, 07:05:22 AM »
>>"exact text of your court orders re custody."

There is nothing about move a ways.


I did not know she was going to send him to a private school until we met in mediation on June 6, 2005.

I had no idea she was going to move until yesterday Monday, June 20, 2005

18
Dear Socrateaser / Move away Question
« on: Jun 20, 2005, 12:56:25 PM »
1. I bought a house near where my eX lives so I could be closer to our SON.

2. Our Son will be entering Kindergarten this fall, and my house is very close to the Elementary School. (I can ride my bike there)

3. I just found out that my eX is sending our son to a private school 30 miles north and in a different County.

4. My eX just bought a house and is moving 35 Miles north of here to a different County.

5. We were only married 4 years.  She worked full time until the divorce.  She works part time.  
I paid in Child Support
2002-$35k
2003-$35k
2004-$30k


Is there anyway way to allow my son attend the public school so he can be closer to me?

19
General Issues / RE: BPD - book
« on: Aug 23, 2004, 01:32:11 PM »
Read the book :

“Stop Walking on Eggshells”
by Pual T Mason & Randi Kreger

Discusses the signs and symptoms of borderline personality disorder and explains how the families and friends of patients can cope with BPD behavior while taking care of themselves.

20
General Issues / RE: daddy where are you?
« on: Aug 11, 2004, 01:11:40 PM »
I belong to a number of fathers rights groups on the web. Unfortunately I do not remember which group I was at when I copied the story.

If my memory is correct this is a segment from the book.

Where's Daddy?: The Mythologies behind Custody-Access-Support
by K. C. Wilson


This is only a guess, I could be wrong.

I did read  “Where's Daddy?” and enjoyed it.  I read a lot,, and do not always remember which book told which story.  I remember the story by not the book title.

If I run across the web site I saw this I will post it.

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