Results 1 to 10 of 11

Hybrid View

  1. #1

    Unhappy What Would Be in the Best Interest of the Child in This Situation

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

    I have done research and found out that in the county where the shared parenting agreement was created between my boyfriend and his ex that we must file a "notice of relocation" after which they will notify the other parent and the court, or either parent can then file for a hearing to see if changes to the parenting plan are necessary. I have also determined that at this point in time we are considered the school placement parent.

    We are planning to move at most an hr drive away, the farthest place is 45 miles away from the city we lived in at the time of the divorce. That's the most extreme case, but it is likely that it will still be at least an hour drive round trip. Reasoning is because we want to have a lot of land and cannot find as much as we want inside city limits. We also require that it is in a good school district.

    Given the circumstances that are developing, we think it is likely that a new agreement will have to be reached, since currently the arrangement is that during the school year she drops my stepdaughter (5) off at school. We pick her up and keep her until 8 and then she sleeps at her moms, and during the non school year we have her from 8 p.m. until 5 p.m. the next day. Her mom picks her up after work and then drops her back off at 8 for me to get ready for bed. They take turns keeping her on the weekends. Based on past precedent, her mom will not agree to any arrangement that does not involve her seeing her everyday, even if it is in my step daughter's best interest, so there is a chance that a court will have to step in if we can't reach an agreement, as the mother will probably refuse to keep her side of this arrangement.

    I know the court always looks for what is in the best interest of the child, but our situation is a little less clear. If one parent does NOT seem to be in a position of being able to support her daughter financially and is a less fit (though not un-fit) parent, while the other parent is more fit, but has a work schedule that would mean he is home while she is at school and at work when she is home (meaning I would be the one taking care of her during the week-we aren't married but live together, and I've been in her life since she was 3, so 2 years), what would be in the best interest of the child?

    If we divided it so that we had her during the week and her mom on every weekend, then she would go to a good school, but never see her father, and would spend the week primarily with me.

    If we divided it so that her mom had her during the week and us on the weekends, then she would be with her bio-mom during the week, but go to a really really bad school and her mom is less fit at parenting (puts her daughter in the middle, tells lies to her about us, lets her watch adult swim (she's 5) is unemployed by choice, has no car to get her from school and smokes week).

    Or would the court divide it a different way in the best interest of the child?

  2. #2
    Join Date
    Sep 2009
    Posts
    424

    Default Re: What Would Be in the Best Interest of the Child in This Situation

    I'd strongly suggest that you look for a house that keeps you close enough to mom so that the current parenting time schedule can be maintained. It is wonderful for the child that her mom and dad worked out an arrangement where they can both see her every day.

    If your DH forces the case to court in an attempt to move the child and change the parenting plan, be prepared for mom to argue that she should have primary custody. The court isn't going to compare YOU to mom, only mom v dad, so if dad is not available during the week to care for the child and it is better for the child to be cared for by her mother than a legal stranger/stepmother. Dad could very likely end up with every other weekend.

    The other option would be for dad/you to provide all transportation for visitation so that the current plan can be maintained.

  3. #3

    Default Re: What Would Be in the Best Interest of the Child in This Situation

    Regardless of whether or not we move far, my stepdaughter will not be able to see her father during the week. I will be the one picking her up from school starting next year and taking care of her until 8. Her father's schedule will not allow him to see her during the week. Starting next year, when she has a full day of school and her dad can't drop her off early at her mom's anymore, it is probably that she will have to stay with us during the week regardless, as her mom doesn't have a car and so will not be able to pick her up. She will be used to me taking care of her all week long by the time we plan to move-end of next school year.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: What Would Be in the Best Interest of the Child in This Situation

    Then frankly, Mom has an excellent chance of changing custody to where she's the primary parent.

  5. #5

    Default Re: What Would Be in the Best Interest of the Child in This Situation

    Quote Quoting Dogmatique
    View Post
    Then frankly, Mom has an excellent chance of changing custody to where she's the primary parent.
    why? I'm sorry if this sounds like a dumb question, I'm just learning. I thought that it is usually in the best interest of the child to keep things as familiar as possible, and since the custody agreement says it is her responsibility to pick the child up at 8...why would this be against us?

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: What Would Be in the Best Interest of the Child in This Situation

    Because the child won't be seeing Dad. The child will be with you - and you're not a party to the matter.

    Mom honestly does have an excellent chance of getting full custody if Dad is unavailable.

    1. Sponsored Links
       

Similar Threads

  1. Custody and Visitation Issues: Best Interest of the Child
    By Iluvmyson in forum Child Custody, Support and Visitation
    Replies: 6
    Last Post: 10-15-2011, 05:30 PM
  2. Modification of Custody: Best Interest of the Child
    By pamiesue3 in forum Child Custody, Support and Visitation
    Replies: 5
    Last Post: 12-22-2010, 02:14 PM
  3. Child Abuse: Child in Major Abuse Situation at Home With Her Family
    By Sparkboy77 in forum Abuse and Neglect
    Replies: 2
    Last Post: 12-23-2009, 03:41 PM
  4. Support Arrears: Child Support Interest
    By cacheat in forum Child Custody, Support and Visitation
    Replies: 5
    Last Post: 02-17-2009, 06:35 AM
  5. Paternity / Child support situation
    By guambaby808 in forum Child Custody, Support and Visitation
    Replies: 5
    Last Post: 06-08-2006, 06:20 PM
 
 
Sponsored Links

Legal Help, Information and Resources