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Author Topic: Move away Question  (Read 2606 times)

Bolivar

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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?


socrateaser

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RE: Move away Question
« Reply #1 on: Jun 20, 2005, 05:51:27 PM »
>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

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RE: Move away Question
« Reply #2 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

socrateaser

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RE: Move away Question
« Reply #3 on: Jun 21, 2005, 09:21:53 AM »
>>>"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

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RE: Move away Question
« Reply #4 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 



socrateaser

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RE: Move away Question
« Reply #5 on: Jun 21, 2005, 12:31:38 PM »
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

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RE: Move away Question
« Reply #6 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)

socrateaser

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RE: Move away Question
« Reply #7 on: Jun 22, 2005, 07:58:48 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)

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

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RE: Move away Question
« Reply #8 on: Jun 21, 2005, 12:31:38 PM »
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

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RE: Move away Question
« Reply #9 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)

 

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