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I have four children. My ex-husband just took me back to…

Customer Question
Hello. I have...

Hello. I have four children. My ex-husband just took me back to court to modify the parenting time for the older two children because I was getting divorced from my second husband at the time. We had a shared parenting plan of 50/50 week to week schedule previously. Now i get my 10yr old daughter and 8yr old son MT 4:30-8pm, every other weekend, alternating holidays, and equal(6 weeks) time in the summer. Since this court hearing ive become engaged to my fiance who is in the military and stationed 5hrs away in Ky(im in ohio). I'm considering moving sometime during the next four years. My children are very upset about the last reduction in time and have always wanted to come live with me since the divorce but my ex will never allow them to do so. Can they choose to move with me and their younger brothers? If not, is it reasonable to keep my every other weekend and substitute my days during the week for extended time in the summer and school breaks? how do things like this normally work?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Ohio

Lawyer's Assistant: Have you talked to a lawyer yet?

No not yet. I wanted to gather all the information before I decided to move or live apart from my husband.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

There is currently no child support order for either of us

Submitted: 8 months ago.Category: Family Law
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Answered in 20 minutes by:
9/28/2017
Family Lawyer: LegalGems, Lawyer replied 8 months ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,015
Experience: Experienced Family Law Attorney
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Family Lawyer: LegalGems, Lawyer replied 8 months ago

The children or a parent cannot make the decision as to where the children will live; only a court order can do that. The court will take into account the children's preference if they are able to articulate their preference based on mature consideration (ie the reasons for living with one parent is justified by proximity to family/friends, supportive of the child's academic/social/extracurricular activities, the child has a bond with the parent etc)

Whenver there is a substantial change in circumstances a parent can request a modification of child custody and visitation. For move away cases, the court will consider the request so long as the motive is not malicious (ie designed to negatively affect the child's relationship with the other parent) and is based on valid reasons (better job/school opportunity, new spouse, family etc)

As with any custody determination they will determine which situation furthers the child's best interest.

If the court does deny it, they will normally modify the parenting time so the parents still have the same parenting time percentage, as much as the circumstances permit. This can result in less time during the academic year, and more time during the holidays.

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Family Lawyer: LegalGems, Lawyer replied 7 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

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