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  1. #1

    Default Modification of Shared Custody Based Upon the Mother's Moving Two Hours Away

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

    Mother and father got divorced two years and have shared custody. Father is even ordered to pay child support since he makes 100k a year and she makes 10k a year. During the 2 years, she has moved 4 times and has had multiple boyfriends and jobs. She lives right now in section 8 housing in a one bedroom apartment. Since then she had a baby last summer. She ended up calling the police on that boyfriend and he had a cps case open against him and domestic violence. She then met a new guy who lives far away. She is wanting to move with her new boyfriend which is 2 hours away from the father of her first kid who she has 50/50 custody with. Her argument is that her boyfriend has a career where he lives. And her first child won't be able to spend time with his step brother. Also that the child does need to have two homes instead of one home. She wants father to have every other weekend.

    Father has lived in the same house since divorce, works at the same job, and has one girlfriend which they are now engaged. Father does not have any other children and neither does his fiancé. Father wants child to go to school where he lives since he is wanting to put him in a private school. He has had the same job for three and a half years. He does not want to give up time with his son since she is moving away. He agrees that during the week he should stay at one house, and he wants that to be his house and she can have him on weekends.

    What should happen here? Will mother be able to move? What if she moves before the custody decision has been filed. She has mentioned after her tax return she will be moving. She is not waiting for the court date.

  2. #2
    Join Date
    Oct 2006
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    Default Re: Mother Moving 2 Hours Away and Changing Shared Custody

    Quote Quoting private_fan13
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    My question involves a child custody case from the State of: Ohio

    Mother and father got divorced two years and have shared custody. Father is even ordered to pay child support since he makes 100k a year and she makes 10k a year. During the 2 years, she has moved 4 times and has had multiple boyfriends and jobs. She lives right now in section 8 housing in a one bedroom apartment. Since then she had a baby last summer. She ended up calling the police on that boyfriend and he had a cps case open against him and domestic violence. She then met a new guy who lives far away. She is wanting to move with her new boyfriend which is 2 hours away from the father of her first kid who she has 50/50 custody with. Her argument is that her boyfriend has a career where he lives. And her first child won't be able to spend time with his step brother. Also that the child does need to have two homes instead of one home. She wants father to have every other weekend.

    Father has lived in the same house since divorce, works at the same job, and has one girlfriend which they are now engaged. Father does not have any other children and neither does his fiancé. Father wants child to go to school where he lives since he is wanting to put him in a private school. He has had the same job for three and a half years. He does not want to give up time with his son since she is moving away. He agrees that during the week he should stay at one house, and he wants that to be his house and she can have him on weekends.

    What should happen here? Will mother be able to move? What if she moves before the custody decision has been filed. She has mentioned after her tax return she will be moving. She is not waiting for the court date.
    Then dad needs to rush to court to file for emergency orders to prevent her from relocating the child until a custody modification can be heard..

    Mom's new child is NOT the child's stepbrother. He is the child's brother, or if you want to get technical, half brother, but in no way is he a step.

  3. #3

    Default Re: Mother Moving 2 Hours Away and Changing Shared Custody

    You are correct, I misworded that. Half brother. Does half brother have more power than parent though in custody cases?

  4. #4
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    Default Re: Mother Moving 2 Hours Away and Changing Shared Custody

    Quote Quoting private_fan13
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    You are correct, I misworded that. Half brother. Does half brother have more power than parent though in custody cases?
    Not more "power" but a sibling would certainly be a factor.

  5. #5

    Default Re: Mother Moving 2 Hours Away and Changing Shared Custody

    What would mother need to do to show that moving away would benefit the child?

  6. #6
    Join Date
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    Default Re: Mother Moving 2 Hours Away and Changing Shared Custody

    Quote Quoting private_fan13
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    What would mother need to do to show that moving away would benefit the child?
    Who are you in this situation?

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