I live in Ohio (Butler County) and my job is wanting me to move to Florida. The mother has visitation rights but I have custody. Do I need a lawyer and/or could she fight it? Even if it's best for my family???
2007-04-11 06:49:13 · 10 answers · asked by 987splat 1 in Family & Relationships ➔ Marriage & Divorce
She could definitely fight it, so do it the right way: tell her, file the proper paperwork with the DCS letting them know and contact the court. Even though you have custody, you can still get in trouble for moving them across state lines (check your states).
Good luck and I hope she is a good mom and keeps in contact with them.
2007-04-11 07:00:13 · answer #1 · answered by mamaontherun 4 · 0⤊ 0⤋
The laws vary by state so you would want to check on this, but I know when I moved I had to give my ex 30 days notice in writing, she then had 15 days to respond. If she disputes the move, then it will have to go in front of a judge, you will need to show why the move is in the best interest of the children (more money, better lifestyle, safer environment, etc...) and she will have to try to prove why the children should stay. The visitation will have to change of course, normally she would get them for the summer break from school and then alternate between Christmas and Spring Break or something like that. This will be decided on by the judge at the same time as the moving issue. Good Luck.
2007-04-11 13:54:38 · answer #2 · answered by Kevin J 4 · 0⤊ 0⤋
In CA there was an attempt 10 yrs ago to prevent custodial parents from moving out of the area - Move Away Law. It was shot down. You will have to check with your attorney to find out if Ohio has such a law.
If you give 30 days notice, well, I'd suggest a few things - one don't let the letter be the first she hears about it. If you can work it out with her, like offering the entire Summer or flying them to her once a month and most holidays, you might be able to get her to agree without a court battle.
2007-04-11 14:01:04 · answer #3 · answered by Anonymous · 0⤊ 0⤋
She can fight it and the chances are she would win. The court doesn't see it as "better for the family" they see it as you spliting up a realationship between mother and child. Unless she is abusive or a drug user or something hardcore like that than you chances are slim. If she has been good, see's the kids and they have a bond...looks like they stay put.
2007-04-11 14:00:44 · answer #4 · answered by mickey n 2 · 0⤊ 0⤋
You will have to file in court again to do a modification to your court order. You want it in writing that it is okay for you to move to another state for the Judge. Since you have custody now, it wont be hard to draw up some papers.
2007-04-11 13:51:42 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Why would you move these children so far away from their mother? You know very well what you are doing and it's very cruel. No matter what has happened between you and your ex wife, your children have the right to their mother and you are planning to take that away from them. Very cruel.
2007-04-11 14:06:20 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Contact the court's and ask. I had to give a 30 day written notice to my exhusband. And then I had to send a letter to the court and child support with my new address and phone number...that was it . Good luck to you.
2007-04-11 13:54:31 · answer #7 · answered by Anonymous · 1⤊ 0⤋
If your divorce decree states that you canNOT take your children out of state w/o her permission, then obviously you need her permission. (get it in writing)
If it does not have such in your decree, then I expect you're free to do what's best for you and your children. HOWEVER, I would pay a reasonalble consultation fee to an attny to ensure exactly what's in your decree.
2007-04-11 14:01:38 · answer #8 · answered by iyamacog 7 · 0⤊ 0⤋
check with lawyer
2007-04-11 13:53:19 · answer #9 · answered by heartsave999 2 · 0⤊ 0⤋