My question involves a child custody case from the State of: Ohio My two boys [6&9] inform me that their mother is planning on moving from Ohio to NY to be with her latest [unknown by me] BF. We were never married and in 2009 entered into a shared parenting decree where we're both listed as residential parents but for school purposes the child live with me and she sees them every weekend. Since, she's filed now twice to regain custodial rights; 1st in the Spring of 2010 when she filed a Motion to Modify Custody that was denied and just last week we appeared in court again when she filed an E.M.C. that was again soundly denied. We have a Complaint for Custody hearing scheduled in May.
I haven't spoken with her but the kids said she's "hiring an attorney" in the hopes of gaining custodial rights and move them out of state. In our Shared Parenting Plan it says that "If the residential parent intends to move a residence other than the residence specified in the parenting time order or decree of the court, the residental parent shall file a notice of intent to relocate with this court, addressed to the attention of the relocation officer. Unless otherwise ordered pursuant to O.R.C. sections 3109.051 [G][2,, and  a copy of such notice shall be mailed by the court to the parent who is not the residential parent. Upon receipt of the notice, the court, on it's own motion or the motion of either party, may schedule a hearing with notice to both parties to determine whether it is in the best interest of the child to revise the parenting time schedule".
Given the fact that she failed to prove the children would be better off with her and her Motion to Modify was denied what are the realistic chances this could happen? She built her latest E.M.C. / Complaint for Custody motion by naming my eldest child  as "listed by Children's Services as a sexual perpetrator" only to have the judge check his file in our hearing to discover he was "abjudicated" and she was reprimanded and told not to use this tact again.
I'm guessing she realizes she's on shaky ground for the May hearing as she's been denied once and now told by the judge that her case on my son is "actionable". Should she appear for it I will absolutely bring up the relocation issue. But rather than sit and wait for her what should I do at this point other than contact Juvenile and see if she's followed protocol by filing the relocation papers? TIA.