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Ohio: Wanting to move with kids

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  • Ohio: Wanting to move with kids

    State of Ohio

    I am hoping someone can give me their advice on my situation.

    I am planning to remarry soon and wanting to relocate myself and my kids to another county within Ohio, which boarders my current county, so that we may live with my soon to be new husband and his children. The city and house location is about 40 minutes from where we currently live. I would like to maintain residential parent for school placement and have my kids attend the same school as their soon to be step siblings.

    My ex-husband is against this move and is suggesting that he obtain full residential rights. He said he will buy a house (currently in an apartment that is not in the kids current school district) and change work shifts so that the kids can stay with him in their current school district. I have reached out to him to try to discuss the request to move and ensured him that his co-parenting time will not change (unless he requests for changes due to work conflicts and schedule changes) and have even offered to make all drives to and from and/or to pay for his extra gasoline expense due to the new distance. He however feels this is not agreeable and maintains the current position that he will let the court decide. He did however agree at one point to allow for the move if I were to take a 75% reduction in child support. To which I replied I didn't think that was a reasonable request given our incomes are not changing.

    Can someone please review (I can provide screenshots of my decree) and provide their opinion on what they feel would happen if I filed the intent to relocate with the court and he opposed and this situation went to court?

    Key notes from my decree:

    *I am designated as the residential parent for school placement purposes.

    *Minor children shall reside with Petitioner Wife (me) at all times other than those parenting times noted herein where the minor children shall reside with Petitioner husband.

    *Re: Residence of the parents

    " It is anticipated in this shared parenting plan that both parents shall reside within Franklin County, Ohio. Except for brief visits, camp or vacations, neither parent shall take the children permanently outside the State of Ohio without first obtaining the other parent's consent. If either parent for whatever reason desires to establish a residence beyond the geographical limits of Franklin County, Ohio, the parents will confer with each other with a view towards working out in advance of such a move mutually satisfactory arrangements governing the parties rights as to parenting time and other matters. In working out such agreements the parties will consider the relative distance between their places of residence, the cost of transportation, and the age of the children. Should the parents be unable to agree mutually acceptable visitation schedule either parent may apply to the Court for relief."

    Thanks!

  • #2
    how old are your children? If they were at key stages in life (such as high school), he might have more of an argument. To me, the kids needs come first.

    Your decree allows for exactly what your former husband is requesting. Can't say how the court/judge will react. Might depend on whether x has the house yet, etc.

    Comment


    • #3
      Originally posted by hr for me View Post
      how old are your children? If they were at key stages in life (such as high school), he might have more of an argument. To me, the kids needs come first.

      Your decree allows for exactly what your former husband is requesting. Can't say how the court/judge will react. Might depend on whether x has the house yet, etc.
      Children are in elementary school

      Comment


      • #4
        Why can't your fiance and his kids move to where you live? Expect to answer that if this gets to court. Courts tend to favor the status quo and moving them 40 minutes away and switching their school district is a significant change. If Dad is willing to relocate to ensure the kids don't have to move away from him or change schools, he stands a decent chance of getting primary custody.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

        Comment

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