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Can I be ordered not to move (Ohio divorce)?

Posted by on Jun. 9, 2013 at 4:31 PM
  • 8 Replies

I am currently a sahm and for numerous reasons I want a divorce.  I have told my husband my intentions, but don't plan on filing until I can find a job.  He just saw me looking at jobs online and one in particular is about an hour away.  I wouldnt take the job unless I was able to move and take my three kids with me.  The job is only 1/2 hr or so from his job and since we will have to sell our house anyway,  I just figured he could move up that way too when he gets an apt.   He is now saying he is going to file for divorce first and  the  judge will order me to stay in the county.  Anyone have any experience with this?

by on Jun. 9, 2013 at 4:31 PM
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Replies (1-8):
grneyedormom
by on Jun. 9, 2013 at 6:31 PM
1 mom liked this

An hour away from each other is totally doable for a divorce situation, especially if each party is willing to meet at the halfway mark from where they live. (That's how it is in my situation.) I think it's all dependant on your state and county's court system, the Judge you get, how your attorney fights for you in court, and how the both of you are able to mediate the terms of custody, visitation, child support and alimony.

Dewinter
by on Jun. 9, 2013 at 6:51 PM
2 moms liked this

 The judge can make you live in the same state, but not the same county. My advice is not to listen to ANYTHING your stbx has to say and consult with a family law attorney.

miss_AP
by on Jun. 11, 2013 at 5:36 PM

That's a very doable and close distance....so depending on the schedule decided-upon, I think it would probably be granted here....but you never know. The judge has to take into consdieration the whole picture. The little bit you gave seems reasonable on the surface. 

The way our statute is written here.....the judge can't order a parent not to move. However, s/he can order that the parent is not allowed to move the children. The judge doesn't have jurisdiction or authority to mandate a parent's move....but he does over the children because its the parenting plan and custody. There's a very specific process you have to file here (technically whether you are divorced or not, just "parents" in the statute)....if the kids are in school judges are very hesitant to allow big moves for them if the remaining parent is willing and proposes an alternative parenting plan that allows the kids to remain. They think its better for the kids....if there's family in the current town its very very difficult. They only do it if the custodial parent can show a new spouse (and to a lesser extent fiance) has a job that requires a move....and in the case of that, new jobs, and school, that the financial and/or social welfare gain (like moving to an area that offers better schools, less crime, etc.) is so significant it outweighs the need of the children to see the other parent. If that makes sense. 

mjhunter
by Member on Jun. 11, 2013 at 9:42 PM
That makes a lot of sense. My kids are 6, 4, and 1 so only the oldest is in full-time school and only starting 1st grade this fall so that would probably work to my advantage. There is no way my husband can afford the house mortgage with child support so chances are even if I find something in this area, we may be changing districts or at least my son will end up at a different elementary building. I honestly think he's trying to play that card that I can't move just to keep me from finding a job.
Quoting miss_AP:

That's a very doable and close distance....so depending on the schedule decided-upon, I think it would probably be granted here....but you never know. The judge has to take into consdieration the whole picture. The little bit you gave seems reasonable on the surface. 

The way our statute is written here.....the judge can't order a parent not to move. However, s/he can order that the parent is not allowed to move the children. The judge doesn't have jurisdiction or authority to mandate a parent's move....but he does over the children because its the parenting plan and custody. There's a very specific process you have to file here (technically whether you are divorced or not, just "parents" in the statute)....if the kids are in school judges are very hesitant to allow big moves for them if the remaining parent is willing and proposes an alternative parenting plan that allows the kids to remain. They think its better for the kids....if there's family in the current town its very very difficult. They only do it if the custodial parent can show a new spouse (and to a lesser extent fiance) has a job that requires a move....and in the case of that, new jobs, and school, that the financial and/or social welfare gain (like moving to an area that offers better schools, less crime, etc.) is so significant it outweighs the need of the children to see the other parent. If that makes sense. 


staceytg79
by on Jun. 16, 2013 at 4:53 PM

My divorce doesn't restrict us moving unless it's out of the US. My friends won't let her move out of the state with the kids, but that was because her ex was trying to kidnapp her kids. That's all I know. I'd talk to a lawyer and they can advise you on what to do. :)

slinkerpon11
by Member on Jun. 18, 2013 at 9:31 PM

I'm not sure about up there but the rule here was I wasn't suppose to move 95 miles away. I am farther than that though, and even crossed state lines. I filed first, but I filed in the county where our marriage took place. so I have to make the 2.5 hour trip up there for court. My lawyer is up there too which sucks because I can't just swing in the office and sign something - everything is fax, email, phone tag. 
good luck =)

Swimmer123
by on Jul. 24, 2013 at 5:11 AM
It depends on the state you live in! Find out about the laws in your state by going to a lawyer for consultation. Some consultations are free and some cost a small fee! Hope all works out for you.
ConcernedCousin
by New Member on Jul. 28, 2013 at 4:14 PM
1 mom liked this

I'm going to tell you what a divorce lawyer told me last friday cause i asked the same question. He said that when I file for divorce/custody all that, for ME i am giving him joint cusotdy....anyway he said to file for sole physical custody and joint custody but NOT joint LEGAL custody. if you give him joint legal, than he can say no you can't move. if he has joint custody but not legally, he has no say in you moving or not. 

i went online to one of those ask a lawyer for free sites and he called me back and told me that. he also said if money is an issue as being a sahm like for myself, you can do everything at the courthouse and file for emergency financial assistance and here in texas it will waive all the court fees. so check and see if you have that option at your courthouse

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