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Nov 29
1999
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Ask a Lawyer: Ex-wife may contest my relocation with son - can I win?Posted by: Dads Divorce on Nov 29, 1999 Tagged in: Visitation , relocation , primary , Parenting , OH , multi-state , move , motion , Modification , custody , custody , contest , Children , Ask A Lawyer
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Question:
I live in Ohio and have accepted a great job in North Carolina. This would be an increase in pay, promotion, better city, better schools. My ex-wife moved two hours away from her son after our divorce and now lives in another city in Ohio. She is threatening to contest my move as she claims it would not be in the best interest of the child as she would not be able to visit as often and the travel time would be too long. I hammered out a visitation schedule that would allow more time than is currently alloted and suggested that my son fly for his visitations. She has balked on this and has also balked on working through mediation. From the time we separated, I have kept a journal of my ex's visitation and have pages and pages dating back four years of her inconsistent visitations. She has willingly missed his first day of pre-school, kindergarten, and either I or my current wife take him to all medical and dental appointments. She only attended two of his 8 soccer games this fall, made him miss a game so that she could attend a birthday party for her fiance's cousin's birthday and missed his trophy ceremony because she had a massage scheduled. Her lack of interest has been documented up to as late as last weekend when he came home after being with her for only 36 hours with his nose literally skinned, raw and bleeding from where she claims she tried to wipe his nose even though he did not have a cold (I took pictures). She wears her children like an accessory and I have documented many times - more often than not - where my parents have our son more than she does when he is supposed to be visiting with her. I have many witnesses to her neglect from his baby sitter, to family, to school teachers, mutual friends, ex-boyfriends, to co-workers, (hers and mine). With this in mind, can she still prevent me from moving?
Answer:
Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Ohio. In most jurisdictions the standard for relocation in the event a parent objects is what is in the best interest of the child. It sounds like you have a good case to fight her and win. However, your job may be gone by that time as you may be looking at fighting this issue in court with her. I advise filing with court as soon as possible and putting the ball in her court to see if she really fights you.
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written by eisner, September 07, 2009
i have a 12 year old daughter and a 5 year old son. i divorced my x last april and remarried a federal police officer last august. my current husband was born and raised in north dakota and was offered a better paying job that will increase his income by 3 times as what he made here. i offered my x christmas vacation and a month and a half in the summer with our children. i also offered to bring the kids here and take them back everytime they visited. he will not agree to this. he also has not taken advantage of his holiday visitations i have had them every holiday. he is suppose to keep them 2 weeks in the summer and he did not because he was to busy. remember my x is on unemployment and has been for over a year.i have offered him more days to spend time with our children and he has turned me down everytime. he always had an excuse of why he couldnt. my children do not like visiting their dad at all. they cry everyother weekend when they have to go to their dads. he feeds them once a day and doesnt keep groceries in his home. the weekends he does have them they tell me all they do is lay around and watch television. both of my children want to move with myself and my husband. my x has made comments to people he use to work with that he never wanted children and he was mad everytime i became pregnant. many people seem to believe he doesnt care about the children moving it that he doesnt want me to move because he is still in love with me. my husband left for north dakota september 4,2009 because he needed to begin his new job so we could make ends meet. i have looked at the schools up there and they are alot better than the schools here. the majority of the kids from up there go to college and get a great education. there r so man things that my x has done. he only sees our children everyother weekend and he is suppose to pick them up at 3pm and bring them home at 4pm on sunday. he never picks them up on time he is always late and my mom picks them up at 1pm on sunday. he has them maybe a total of 1 full day everyother weekend. i am offering him 52 days a year w the children as where now he has them 48 days a year. he got a lawyer to fight me on relocating and all of a sudden he picked them up on time and kept them this labor day. i wanna know what my chances of winning this case are and if the judge will see through all his bull since after a year and a half he is just now doing what he is suppose to
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