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  1. #1
    Join Date
    Oct 2009
    Posts
    1

    Unhappy Shared Parenting and Moving Out of State

    My question involves a child custody case from the State of: OHIO

    I am a mother of an 11 yr old daughter. Her father and I are not together and we have shared parenting currently. He is remarried and I am not, however, I am with a man and we both intend to be married and start a family together. My man is military/law enforcement and is being transferred to another state. It is approximately 3 1/2 hours from where we are now. When I found out that he had to move I decided to go with him because again, we both want to get married and start a family together, but we both decided it best to wait until we got settled with the move to do the engagement and wedding, I told my daughter. I wanted her to know that mommy was moving and what she thought. Her initial reaction was "I want to go with you". But, since I'm her mother and I know she's only 11, I wanted to explain the ramifications of that to her. How she would miss her little brother and her friends at school because she's currently going to school at her dad's house. I just really wanted her to know everything before making a huge decision like that. She insisted she still wanted to go. So, as the papers for filing a modification in our shared parenting plan hit her father's house and she went back to his house, it all came down. She came back to my house the next weekend and told me she changed her mind and that her Dad said she's just not going. Well, because I don't want to make my daughter choose...i just told her to stay in school here with her dad and I'll see her at least once a month and the entire summer. She agreed that she would like that. Her father and I tried to come to an agreement but he only wanted things his way and we just couldn't agree so we had to file in court. He's now filing a motion against me to terminate our shared parenting and a motion for sole custody because I'm moving. I would like to know how this could happen? I'm only going to be 3 1/2 hours away and my daughter does not want this...this is not in the best interest for her. The best interest for her is to be able to see me and her father as much as possible equally. Just because I'm moving with a man that I want to start a life with and he's being forced to move, doesn't mean I should have my equal rights as her mother taken away from me? Yes, I'm choosing to move, but I just want to see my daughter as much as possible and still have say over her well-being. I'd like to know how to get through this? I do have an attorney but I'm looking for other insight in case someone else has gone through this before?? We are both fit parents...he has been spiteful and trying to take her from me since the day I left him and this is our 5th time in court. I'm tired of having to fight for my own child when all I've wanted is the same rights as her father.

  2. #2
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,772

    Default Re: Shared Parenting and Moving Out of State

    Quote Quoting tornmom09
    View Post
    My question involves a child custody case from the State of: OHIO

    I am a mother of an 11 yr old daughter. Her father and I are not together and we have shared parenting currently. He is remarried and I am not, however, I am with a man and we both intend to be married and start a family together. My man is military/law enforcement and is being transferred to another state. It is approximately 3 1/2 hours from where we are now. When I found out that he had to move I decided to go with him because again, we both want to get married and start a family together, but we both decided it best to wait until we got settled with the move to do the engagement and wedding, I told my daughter. I wanted her to know that mommy was moving and what she thought. Her initial reaction was "I want to go with you". But, since I'm her mother and I know she's only 11, I wanted to explain the ramifications of that to her. How she would miss her little brother and her friends at school because she's currently going to school at her dad's house. I just really wanted her to know everything before making a huge decision like that. She insisted she still wanted to go. So, as the papers for filing a modification in our shared parenting plan hit her father's house and she went back to his house, it all came down. She came back to my house the next weekend and told me she changed her mind and that her Dad said she's just not going. Well, because I don't want to make my daughter choose...i just told her to stay in school here with her dad and I'll see her at least once a month and the entire summer. She agreed that she would like that. Her father and I tried to come to an agreement but he only wanted things his way and we just couldn't agree so we had to file in court. He's now filing a motion against me to terminate our shared parenting and a motion for sole custody because I'm moving. I would like to know how this could happen? I'm only going to be 3 1/2 hours away and my daughter does not want this...this is not in the best interest for her. The best interest for her is to be able to see me and her father as much as possible equally. Just because I'm moving with a man that I want to start a life with and he's being forced to move, doesn't mean I should have my equal rights as her mother taken away from me? Yes, I'm choosing to move, but I just want to see my daughter as much as possible and still have say over her well-being. I'd like to know how to get through this? I do have an attorney but I'm looking for other insight in case someone else has gone through this before?? We are both fit parents...he has been spiteful and trying to take her from me since the day I left him and this is our 5th time in court. I'm tired of having to fight for my own child when all I've wanted is the same rights as her father.
    Yes, it could happen. Will it happen? It depends on what the Judge rules based on what is proven to be in your daughter's best interests.

    You say you want the same rights as her father, but sadly, you are choosing to move far enough away so that it will prevent having equal parenting time. So, be prepared for the possibilty of ex being given residential custody with a visitation order for you. Also, depending on the financial situations of you and ex, it is possible that the court will order you to pay CS, or at least the costs of transportation for visitation.

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