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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 23426
Experience:  Attorney with 14 years experience
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My ex wants to move to PA from OH with my son. We have shared

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My ex wants to move to PA from OH with my son. We have shared parenting, she is the residential parent. She has a great job here and plans to quit it and move with her new husband just because she wants a change. I have my son everyday after school and three nights a week. I take him to all his football practices and games and am very involved in his life. I am married and my wife is very involved too and he also has a step brother and step sister he is close to. He has extended and immediate family here and is also very close to his grandparents. He has just started junior high and plays football. He is 11. I am concerned because I am so involved in his life and I do not want to lose him.
Darrel Willey
Submitted: 1 year ago.
Category: Family Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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I am sorry to hear that your ex is potentially going to cause a disruption to your son's life...
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Is there any restriction on either parent moving out of state permanently without the other parent's or the court's permission in the custodial order? (this is a standard clause in a custody order)
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I assume son doesn't want to go?
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What is your legal question I can help with this afternoon?
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Thanks
Barrister
Customer: replied 1 year ago.

Yes their is a restriction, if the residential parent intends to move to a residence other than the residence specified in the parenting time order or decree, they have to file a notice of intent with the court pursuant to O.R.C. 3109.051. And no he doesn't want to move.

Expert:  Barrister replied 1 year ago.
Ok, thank you for that information. I assumed that the restriction would be there, but you never know.
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I am also assuming that your question is if you can stop the move and how to do so?
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If this is correct, then you would either have to file a motion to modify custody with the court that entered the original order or wait to respond to mother's motion. Then you would essentially argue why this would not be in "the child's best interests" because that it the standard that the courts use to determine these types of cases.
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You would need to seek to have primary physical custody transferred to you based on the fact that son is well adjusted, in school, doing well, has formed family and social bonds here and that there is no benefit to him being forced to move. Since he is 11, he might be old and mature enough to express his preferences to the judge and articulate the reasons why he doesn't want to move. Son's preferences are by no means determinative, but the judge will listen to them and can use them in making any decision about modifying custody.
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If you didn't take a proactive approach to this and file for primary custody first, mother would have to file her own petition to get approval from the court for the move assuming that you don't agree to it. The burden would then be on her to convince the judge that it is in son's best interests to move away from all his close and extended family, friends, school, and social contacts to a new city and state simply because mother wants a change of scenery.
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This will likely be a hard argument to get the judge to go along with if son is doing well were he is at...
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Thanks
Barrister
Customer: replied 1 year ago.

So essentially the fact that he is established here with all his family, friends, school, church and sports is in our favor. Are we better to wait for her to act first. She basically just told us she is going. I am not sure she even realizes she has to contact the court first. Is it better for us to have her just try to move and violate the court order. She has always had the opinion that what she says goes. "We're moving to PA". In other words would it be better for us to contact the courts first, or even to make her aware that she can't just arbitrarily make this decision to move on her own accord, quit her excellent job of 17 years and uproot her son's life. My son is very close with his grandfather and a lot of her parenting time is spent with his grandfather and grandmother. Is this relationship something the courts would take into consideration when making a decision.

Expert:  Barrister replied 1 year ago.
So essentially the fact that he is established here with all his family, friends, school, church and sports is in our favor.
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Absolutely. Judges won't agree to uproot a child unless there is no better alternative. They don't want to cause more disturbances in a childs life on top of the divorce if they can come up with some other option.
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Are we better to wait for her to act first. Is it better for us to have her just try to move and violate the court order. She has always had the opinion that what she says goes. "We're moving to PA". In other words would it be better for us to contact the courts first, or even to make her aware that she can't just arbitrarily make this decision to move on her own accord
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This is a judgment call, but if it were me, I would definitely mention to her that she is prohibited from doing so in the custody order... If she realizes she has to get an attorney and go back in front of the judge to fight about this, she may agree to voluntarily modify the custody order to give you primary and have her get visitation. If she does, definitely get it in writing and submit it to the court to formalize it.
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My son is very close with his grandfather and a lot of her parenting time is spent with his grandfather and grandmother. Is this relationship something the courts would take into consideration when making a decision.
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Once again, yes. The judge will take into consideration all family, social, religious and educational relationships when deciding whether to allow a parent to pick up and disturb a child's entire life.
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Thanks
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 23426
Experience: Attorney with 14 years experience
Barrister and 14 other Family Law Specialists are ready to help you

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