Relocation to Another State With Supervised Parenting Time for the Other Parent

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

I am the custodial parent and father of my 3 children.
I would like to relocate to NC to be closer to relatives (my ex wife's sister and her family).
My parenting order is a "shared parenting " plan with standard language;
However last year during divorce the court issued an order that wife could not be left alone with the children.
The court later approved a motion for supervised visitation an ordered ex wife to have supervised visitation two hours weekly until she has a resident and letter from a psychologist or MD that she is fit to be with kids unsupervised.
The parenting plan also says kids are to have no contact with her boyfriend, who she still lives with.

Divorce was July 2012.

Ex wife's sister is very commited to the kids.
I am in foreclosure and bankruptcy but have employment opportunities in NC.

When I file a relocation notice should I include letter from sister in law that she will help care for te kids?

Anything else I should include with notice?

i don't think your SIL's letter is going to hold any weight with deciding what's best for the children to be separated from their mother for long periods of time.

you need to hash out a visitation schedule. how often are you traveling back to mom so she can have her two hour visit every week? you'll have to pay for that.

Isis, why do you assume that the visitation schedule would not be modified if the long-distance move is approved? I expect that it would be, if the request were made.

A letter from the sister-in-law would be hearsay, and such a letter does not appear to be relevant to the determination of whether a move should be allowed.

What was it that inspired the court to limit your ex- to supervised visits? How is your ex- doing, in relation to her psychological issues and effort to get a home?

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Quoting Mr. Knowitall

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Isis, why do you assume that the visitation schedule would not be modified if the long-distance move is approved? I expect that it would be, if the request were made.

A letter from the sister-in-law would be hearsay, and such a letter does not appear to be relevant to the determination of whether a move should be allowed.

What was it that inspired the court to limit your ex- to supervised visits? How is your ex- doing, in relation to her psychological issues and effort to get a home?

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The reason for the Temporary Order issued during divorce was as follows:

I requested a GAL for the kids and the court ordered a "Home Study" using the local Family and Children County agency. During the course of the Home Study the Evaluator became concerned for my children's safety and recommended that I be given full custody during the divorce and requested an investigation by Children Svcs.
The court had an emergency hearing (at custody evaluators request) and the Judge wrote the Order. It said the reasons were: wife left the house and was living in her van; children were not properly fed under her care; and children have not seen doctors.

That temporary order was issued in March and my Atty immediately filed a motion for supervised visitation. The motion was granted and carried over post divorce.

My ex has phobias and mental health issues: she was convinced that vaccines contained poison, we constantly moved due to her concern about indoor air quality-mold. She had modes of depression where she would lay on the couch all day, and a letter from an insurance company was cited by the custody evaluator that she may have untreated bi polar.

So she can have the standard order after she has a letter of fitness.

The boyfriend she left us for spent 9 years in prison for trying to kill his 3 year old daughter and he has a history of drug abuse.

I have not spoken with or seen her since divorce. For the first few months following divorce she never visited but started visiting in nov and has been consistent.
Her sisters tell me she has no job, living with boyfriend and that she isn't seeing a doctor. However she was close with her sisters but has been very distant with them since her affair.

Quote:

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Quoting Jedi Knight

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The reason for the Temporary Order issued during divorce was as follows:

I requested a GAL for the kids and the court ordered a "Home Study" using the local Family and Children County agency. During the course of the Home Study the Evaluator became concerned for my children's safety and recommended that I be given full custody during the divorce and requested an investigation by Children Svcs.
The court had an emergency hearing (at custody evaluators request) and the Judge wrote the Order. It said the reasons were: wife left the house and was living in her van; children were not properly fed under her care; and children have not seen doctors.

That temporary order was issued in March and my Atty immediately filed a motion for supervised visitation. The motion was granted and carried over post divorce.

My ex has phobias and mental health issues: she was convinced that vaccines contained poison, we constantly moved due to her concern about indoor air quality-mold. She had modes of depression where she would lay on the couch all day, and a letter from an insurance company was cited by the custody evaluator that she may have untreated bi polar.

So she can have the standard order after she has a letter of fitness.

The boyfriend she left us for spent 9 years in prison for trying to kill his 3 year old daughter and he has a history of drug abuse.

I have not spoken with or seen her since divorce. For the first few months following divorce she never visited but started visiting in nov and has been consistent.
Her sisters tell me she has no job, living with boyfriend and that she isn't seeing a doctor. However she was close with her sisters but has been very distant with them since her affair.

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The problem as I see it, is that Mom already has very limited, supervised visitation. She's currently seeing the children every week. I don't think it's likely that the court will reduce her time even more, which leaves only a limited number of options.

Allowing Mom to have longer, but less frequent, periods of visitation is one. Another would be to continue the current plan - but the cost might end up being a royal pita for you to bear.

If I move I wouldn't be able to continue the current plan because it is 500 miles away.
I need employment and housing.
I am
In foreclosure and need to move this summer.
The ex wife has no job and no housing (living with boyfriend).

I'm in talks with a prospective employer now for one of their offices in North Carolina.
Should I just submit the 60 day notice to relocate and see if the court or ex wife requires a hearing?

My ex wife previously told me that she can't handle the noises children make and was done being a mom. She said she only wanted to visit the kids every few months.
So she goes back and forth on her "mothering"
There is a possibility she would not fight it by requesting a hearing upon receipt of my notice to relocate. If the court ordered a hearing by its own motion she may not fight it. Her sister may be able to persuade her not to.
But it's impossible to predict.
Recently she has told her sisters she is "going to get custody" and one of the sisters offered to write a letter of support for me if needed.

- - - Updated - - -

I submitted the required Notice of Intent to Relocate to the Court yesterday, with a copy to my ex wife's attorney.

Update:
I received a formal objection from ex wifes new attorney in the mail today.
A hearing has been scheduled for April 11.
I have contacted my attorney.
Any suggestions?
What do courts want to see at these hearings?

I did find this article from the Bar Association online: http://www.americanbar.org/publicati...tion_case.html

Should I motion for a GAL in this matter?
Should I motion for an in camera interview of my 10 year old son?
Earlier posts indicate that the letters from the ex wifes family is hearsay but this article seems to indicate that they could be weighed into the decision?

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Quoting Jedi Knight

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What do courts want to see at these hearings?

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They usually look at a few different things including employment, having a support system (family, friends), and of course the best interest of the child.

In order to do a long-term parenting plan, the court may end her supervised visits.

Did her objection letter say anything more than simply objecting to your move?

The Objection Letter said that there is a mother child bond and that she is without transportation or financial resources to visit the kids if we move 500 miles away.

The Court ordered supervised visits until she has a letter from a medical doctor or psychologist stating that she can be with the kids unsupervised; I doubt they would end the supervision because during the custody evaluation the court investigator is the one that created the supervised visits.
School officials also testified that my kids werent being properly fed and that my wife yelled at them for feeding my 5 year old.

Employment - Actively looking; hope to have a letter of employment prior to hearing

Support System - Ex wifes sister lives there and that is a big reason for the move; she and her husband are healthy people and have 3 children that are same age as my kids. My daughters need a good woman role model in their lives

If she doesn't have transportation, are you willing to offer to provide the transportation for the kids' visits with mom?

I would be willing to drive to her once a month. Maybe every 2 weeks. Its 500 miles

UPDATE: I withdrew my request to relocate.
I have decided that I will remain local and raise the kids locally.