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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 27135
Experience:  16 yrs. of experience including family law.
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I have full custody of our son and there is nothing in the

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I have full custody of 'our' son and there is nothing in the ADJ that states I cannot move out of Ohio. I am unsure of what I need to do to ensure I follow the law. I have informed my ex about moving and told him I knew we would have to alter the visitation agreement. But I have read different things on what to do. I do not have a job set up down there just yet, but I am in the process of doing so. What steps do I need to do?
Thanks.
Submitted: 1 year ago.
Category: Family Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

The real question will be, will the father agree with this? Or is he going to fight the proposed move?

Also, can you tell me;

1. how old is the child?

2. how much time does the current order give to dad?
Customer: replied 1 year ago.

He will not fight it because he will not know how. My son will be 7 in June and Currently he has 4 days each month. And every other holiday minus Christmas where he has him part of christmas eve and part of christmas day. He has the ability to have him for spring break but he has yet to ever ask or be able to do that.


 


Thanks.

Expert:  P. Simmons replied 1 year ago.
Thanks

How old is the order? How long has the order been in place?

And the reason for the move? Is it employment for you? Schooling? Something else?
Customer: replied 1 year ago.

Order was signed in October 2011. Reason for the move is employment.

Expert:  P. Simmons replied 1 year ago.
Thank you Ma'am

I have some thoughts.

I will be a few mins (perhaps 10-15) to type this up. If you have more questions, feel free to ask...I will address them when I get the answer posted.
Customer: replied 1 year ago.

Ok that sounds great. Thank you.

Expert:  P. Simmons replied 1 year ago.
sorry...one more...is there a support order currently? Is dad paying support?
Customer: replied 1 year ago.

Yes there is and he does pay support. It was established before the divorce or custody issue. Which caused the custody order to be established in the juvenile courts. Not sure if that is relevant or not but thought I would add that.

Expert:  P. Simmons replied 1 year ago.
First, I want to tell you about the law that will control this (your proposed move and how the case will be handled after the move)

The Uniform Child Custody Jurisdiction And Enforcement Act (UCCJEA) will govern jurisdiction (what court determines future issues). Under the UCCJEA, since the case was ordered in OH and since the father (I presume) will remain in OH, jurisdiction of this case resides in OH

This is important, since if you move away and need modification? You must go back to the OH court.

Dad could consent to move jurisdiction to your new state...but I would not (were I him)...so just understand if you have problems? You have to go back to OH to resolve.


Now HOW to accomplish this?

Well, frankly there are a few was to approach. The best, XXXXX XXXXX is for you to take control. You file a motion, with the court (the same court that issued the current order) and ask to modify. The court will then decide if they are going to grant the request...and they give dad a chance (through his lawyer) to challenge this. He could, for example, make a bid to have custody changed (and given to him)

This is why I asked about the reason for the move.

IF you have a good reason (and employment is a good reason in most cases), the court is not going to hold the move against you. On the other hand, if there is any evidence you are doing this to limit dad’s access to the child?? THe court would not appreciate that and could very well penalize you (could take away custody from you and give to dad)

The standard the court uses is not complex...they look at “what is best for the child”. So, if you need to move to get a job (or a better job) and you can show that this is best for the child in the long run? The court is going to support it and not hold it against you.

You need a lawyer...to prepare and present this to the court. The adage "a man (or woman) who represents himself has a fool for a client" is often true. If you act as your own lawyer, the court will expect you to know the law/rules/procedure/evidence just as if you were admitted to the bar. They (the court) will not cut you any slack. If the goal is to win the case, hire a lawyer.

NOw, I mention there are a few ways to approach.

Another way is to just move. If there is no current order preventing it, then you can go right ahead...but understand, if the dad files a motion with the court, they WILL haul you back (under the UCCJEA, the OH keeps jurisdiction). And that is not where you want to be...defending a motion from dad to hold you in contempt for denying him access to the child. So if there is ANY chance dad would file with the court if you move? Then you need to file first.

I asked about support since it is relevant...and it would be up for review if you go back to court on the custody issue. Generally speaking, if his income is stable, and yours has (will) not gone (go) up due to the proposed move? THen I would expect the support to remain the same. But now there is a twist...there will be costs associated with dad visiting the child (depending on how far away you are)...so someone has to bear this cost. Just understand that going into this, since this could cause a change in support


Let me know if you have more questions...this was a shotgun approach to your question and happy to follow up on any part if you like
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 27135
Experience: 16 yrs. of experience including family law.
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P. Simmons
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16 yrs. of experience including family law.