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Lucy, Esq.
Lucy, Esq., Attorney
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Experience:  Lawyer
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I have shared parenting with my children's father in Ohio. I

Customer Question

I have shared parenting with my children's father in Ohio. I need to relocate to Texas. Could you please tell me is there a motion that I can file? We all live together and have for 3 years. He says he will relocate but in the event he changes his mind, etc.
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have an ill father and I just obtained a great position in Texas with Ernst and Young.
Submitted: 14 days ago.
Category: Legal
Expert:  Lucy, Esq. replied 14 days ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

You have the ability to file a Notice of Intent to Relocate with the court that entered the original custody order. The court will send a copy of the notice to the father, and then the father can request a hearing or the judge will schedule on on his own. Because it's not possible to do shared custody between Ohio and Texas (especially with school-aged children), the judge will probably decide to do a hearing. Here is a sample notice. You may want to call the family court in your county to see if they have a specific form they want you to use.

http://www.hamilton-co.org/domestic/Court%20Forms/PDF%20Files/2-8%20Notice%20of%20Intent%20to%20Relocate.pdf

If the father will sign the Notice of Intent to Relocate with you, stating that you're both planning to move, then the judge will probably decide a hearing is not necessary. So it might help to ask him to sign something. Ohio Rev. Code, Section 3109.051(G) does require that you give the court notice, even when the other parent agrees. Hopefully, since he's already agreed to move, he won't mind signing the notice.

If he won't sign, then you're required to also file a Motion for Permission to Relocate, showing the judge why it's in the children's best interests to move to Texas. The request should focus on the children - the importance of spending time with their grandparents, their relationship with you versus their relationship with the father. If your new job or a lower standard of living where you're going will help you give the children a better life, that is something to mention. Things like that. Here is more information:

http://www.coshoctoncounty.net/files/1435605093Instructions%20-Intent%20to%20Relocate.pdf

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Expert:  Lucy, Esq. replied 13 days ago.

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