Shared Custody Agreement in Ohio, Neither Parent Lives in the State Any More
My question involves a child custody case from the State of: Ohio
We have a shared parenting agreement in Ohio, the father (named the residential parent) moved to Indiana without permission from the court.
I had been driving to visit them on the weekends.
Now I moved to Pennsylvania, 10 hours away.
Now neither of us lives in Ohio, where the custody case is from.
What do I do so that I can have my kids?
Re: Shared Custody Agreement in Ohio, Neither Parent Lives in Ohio Anymore
How long ago did dad move?
And by "have your kids" do you mean you want them to live with you in PA, or you want them to be able to visit you?
Does your court order say anything about relocation?
Re: Shared Custody Agreement in Ohio, Neither Parent Lives in Ohio Anymore
Their father moved about 5 months ago.
The order states that it's Ohio law that either party needs permission ffrom the court to relocate. He did not file an "Intent to Relocate" form with the court.
I want my children to be with me, as their father works full time and his 23 year old son is pretty much acting as their primary caregiver.
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When I still lived in Ohio, after he moved, I had filed for Contempt and also for modification of shared parenting agreement. When he was served, he refused to allow me to see my children. He is very controlling and manipulative, 25 years my senior, and he said that the only way I could see them was if I had them dismissed. Which I did.
Re: Shared Custody Agreement in Ohio, Neither Parent Lives in Ohio Anymore
Five months ago is quite awhile. While dad not filing with the court of his intent to relocate is not a good thing for him, since it's been such a long time, coupled with the fact that after he moved you and he apparently still worked out the visitation schedule (indicating your acceptance of the arrangement, since you did nothing court-wise), may make dad's lack of filing that much less significant. You are only now raising the issue since YOU moved.
Also, since it's been such a long time, and since neither you nor dad live in Ohio anymore, Ohio may no longer have jurisdiction if you further neglect to take some kind of legal action in very short order. Six months is a bit of a magic number. After that, you're looking at facing a judge in an Indiana courtroom.
It's a shame you dropped the contempt filings. You effectively told the court there wasn't a problem by doing so. Now there is no paper trail of dad denying you access.
I don't see a judge uprooting the children again and moving them to PA with you, unless you have evidence that living with dad is harmful to them. If you want to try to make a case for custody, you really need an attorney. If the children are getting their needs met by dad, coupled with the moving complications, you're in for an uphill battle.
A good long distance visitation schedule seems more likely to me.
Still, though, talk to some attorneys. You can often find some that give free consultations.