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  1. #1
    Join Date
    Jul 2010
    Posts
    28

    Default Non-Custodial Parent Threatening Move from Ohio to New York

    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,[3], and [4] 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 [13] 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.

  2. #2
    Join Date
    Sep 2009
    Location
    Minneapolis/St. Paul area
    Posts
    497

    Default Re: Non-Custodial Parent Threatening Move from Ohio to New York

    There's not much you can do at this point unless she actually acts to move. If she gives you notice of an intent to move, or just up and moves, then you can file to contest the move and/or modify the custody and parenting plan.

  3. #3
    Join Date
    Jul 2010
    Posts
    28

    Default Re: Non-Custodial Parent Threatening Move from Ohio to New York

    Ok, bear with me. Since we have a shared parenting plan in place is the non-custodial parent required to inform the court of her intent to move out of state and modify our plan to account for the move and or possible change in visitation? AND should she move AND does not abide by our schedule is she is in violation? * Or does that just pertain to the custodial parent? I understand that you're not going to run to court everytime the other party doesn't keep their schedule but a move out of state would obviously constitute a significant change to the original schedule as written.

    * And should she just up and move I need to modify our custody order to account for her non-residential status. Isn't she jeopardizing her rights as legal guardian or the limits of the rights as established in our parenting plan?

  4. #4
    Join Date
    Sep 2009
    Location
    Minneapolis/St. Paul area
    Posts
    497

    Default Re: Non-Custodial Parent Threatening Move from Ohio to New York

    Ok, bear with me. Since we have a shared parenting plan in place is the non-custodial parent required to inform the court of her intent to move out of state and modify our plan to account for the move and or possible change in visitation?
    Whether or not either parent, custodial or non-custodial is required to submit a notice of intent to move largely depends upon what your court order says. Does yours say anything pertaining to moves?
    As for modifications, either parent can file. In fact, if the NCP were to move, he/she could fight to keep the current visitation plan in place, no matter how impractical it is to do so. That's a part of the reason that the courts usually include language in their orders regarding advance notification of moving - it gives the other parent time to contest the move and/or file for a modification.

    AND should she move AND does not abide by our schedule is she is in violation?
    That depends on how she fails to abide by it.

    And should she just up and move I need to modify our custody order to account for her non-residential status. Isn't she jeopardizing her rights as legal guardian or the limits of the rights as established in our parenting plan?
    As far as her rights are concerned, they will remain intact as they are now. Granted, it is harder to exercise some of them, but living out of state, being a non-resident, does not change them.


    Just my opinion, but maybe you should directly ask your ex whether or not she's planning to move. It might ease some of your concerns.

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