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Move away Question

Started by Bolivar, Jun 20, 2005, 12:56:25 PM

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Bolivar

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?

socrateaser

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

I can't tell you unless you post the exact text of your court orders re custody. However, if you know that the other parent is moving and you know that the move will substantially impair your exercise of custody/visitation, then you should file for a restraining order to prevent the move until the court can determine if this is in the child's best interests.

Bolivar

>>"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

socrateaser

>>>"exact text of your court orders re custody."
>
>There is nothing about move a ways.

This tells me nothing. I need to know what custody rights you have before I can suggest a response for the other parents proposed actions.

What are your custody rights (joint, joint legal, visitation, etc.)? Post the EXACT text of the orders.

Does the court order say anything about education?

Does the child have any special needs that cannot be accomodated in public school?

What State has jurisdiction?

Does this State have a statute concerning child relocation?

Bolivar


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 


socrateaser

OK, although I do not actually see any words granting sole custody to the mother, you seem certain that this is the case, so, according to the statute mentioned in the court's relocation notice, the mother must provide the court with notice of the move. The instructions for the notice imply that any motion to prevent the move will be determined by the child's best interests, however, I don't know what each of your arguments pro and con are, so, I suggest that if you believe that the move does not serve the child's interests, that you file a motion for a restraining order preventing child relocation and make your case.

As for the educational issue, the mother can certainly choose a different school, however, she cannot force you to pay for it, by increasing your support obligation.

Remember, your loss of visitation, and how it injures you, is not the question that the court considers. You must show how a change from the status quo injures the child. Frequently, this requires an expert to evaluate the current circumstances of both parents and child(ren), and report back to the court. You could request such an eval in your motion.

Usually, after the other parent moves, and even though the move may injure you, the court is unlikely to impose sanctions, and almost never requires the return of the child, so if this is something that you really wish to oppose, then I suggest that you act immediately.

Bolivar

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)

socrateaser

>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)

Let me make sure I have the facts straight: 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?

Because, if that's true, then your ex is in contempt, and the court will be quite likely to award you additional compensatory parenting time for the failure to give proper notice. Especially, if you combine the fact that you moved to be closer to your child in the first place.

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.

But, if the relationship is strong, and my facts are straight, then I'd be getting an attorney and suing for contempt. The court will very likely force your ex to pay all your attorney fees, which by itself should be a strong incentive for her to either settle on your terms and/or stop screwing with you in the future.

socrateaser

OK, although I do not actually see any words granting sole custody to the mother, you seem certain that this is the case, so, according to the statute mentioned in the court's relocation notice, the mother must provide the court with notice of the move. The instructions for the notice imply that any motion to prevent the move will be determined by the child's best interests, however, I don't know what each of your arguments pro and con are, so, I suggest that if you believe that the move does not serve the child's interests, that you file a motion for a restraining order preventing child relocation and make your case.

As for the educational issue, the mother can certainly choose a different school, however, she cannot force you to pay for it, by increasing your support obligation.

Remember, your loss of visitation, and how it injures you, is not the question that the court considers. You must show how a change from the status quo injures the child. Frequently, this requires an expert to evaluate the current circumstances of both parents and child(ren), and report back to the court. You could request such an eval in your motion.

Usually, after the other parent moves, and even though the move may injure you, the court is unlikely to impose sanctions, and almost never requires the return of the child, so if this is something that you really wish to oppose, then I suggest that you act immediately.

Bolivar

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)

socrateaser

>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)

Let me make sure I have the facts straight: 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?

Because, if that's true, then your ex is in contempt, and the court will be quite likely to award you additional compensatory parenting time for the failure to give proper notice. Especially, if you combine the fact that you moved to be closer to your child in the first place.

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.

But, if the relationship is strong, and my facts are straight, then I'd be getting an attorney and suing for contempt. The court will very likely force your ex to pay all your attorney fees, which by itself should be a strong incentive for her to either settle on your terms and/or stop screwing with you in the future.

Bolivar

" 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?

socrateaser

>" 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?

Your attorney is risking that the mother notices you before she moves and within the time limit, in exchange for obtaining an undefeatable contempt order if she does not notice you timely.

The alternative is to file for contempt now, and risk that the evidence of the purchase of the home, does not satisfy the judge that by doing so, your ex has already demonstrated her willful disregard for the relocation requirement.

The statute in question is ORC 3109.051(G)(1), which states:
   
"If the residential parent intends to move to a residence other than the residence specified in the parenting time order or decree of the court, the parent shall file a notice of intent to relocate with the court that issued the order or decree. Except as provided in divisions (G)(2), (3), and (4) of this section, the court shall send a copy of the notice to the parent who is not the residential parent. Upon receipt of the notice, the court, on its own motion or the motion of the parent who is not the residential parent, may schedule a hearing with notice to both parents to determine whether it is in the best interest of the child to revise the parenting time schedule for the child."

Note that the parent's "intent" to move must be reported to the court and the noncustodial parent. Well, to my way of thinking, buying a new home is evidence beyond a reasonable doubt of one's intent to move, therefore your ex is already in contempt (and regardless of whether or not escrow actually closes on the home).

So, here, the risk of the judge determining that your ex is not in contempt, is outweighed by the benefit of the fact, that once your ex has actually moved, a new status quo will be in place, and the judge may be reluctant to force the mother to move back to her original location. In fact, if evidence surfaces showing that you knew of the move earlier and didn't act, then your ex may be able to plead Laches, i.e., unfair prejudice and unreasonable delay in enforcing one's rights, and that would avoid the contempt.

Now, if your attorney knows how your judge is likely to rule in this circumstance, or there exists case law supporting a harsh result for a parent who fails to give timely notice, then I'd side with your attorney. Otherwise, I'd want to know why he isn't filing for contempt now.

There's one other issue. The statute doesn't state what the notice requirement is, i.e., how many days in advance of the move is timely notice? That's the other question. There is probably some local court standard, or overarching statute that answers the question, but, if not, then I would think that 21 days notice would be reasonable -- anything shorter would not, but this ambiguity would be sufficient to avoid the contempt, in which case, your attorney would be correct to wait until your ex actually moves, because that would remove any uncertainty of whether timely notice was given.


 


Bolivar

As always "Thanks a million"

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

God smiles on you!!!!!!

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