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Intent to Relocate

Anonymous
Posted by Anonymous
  • 26 Replies
We filed and intent to relocate. At first BM said she wasn't going to fight it, bc she planned on moving to Florida(we are in Ohio), in September. Now, she is saying she might stay here and if she does, she WILL fight it. I have been searching the internet for hours and I cannot find any info about how long she has to file an objection. Any of you have experience with it? A little background, SS is almost 8. Bm sees him roughly 5 hours every 2-3 weeks. Not involved in school or any of this other activities. Her and her family live right here, but those few hours every few weeks are his only interaction with her side of the family. We want to move to Indiana bc DH was offered a job and we have a HUGE support system there. We are willing to do the driving. Any info on the timeframe for object would be soooo appreciated. Thanks Ladies!
Posted by Anonymous on Apr. 27, 2013 at 3:41 AM
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Replies (1-10):
Tryshx
by on Apr. 27, 2013 at 4:18 AM

If you have joint custody you have to have her consent to move the child out of the school district... and moving out of state definitely constitutes where her decision matters...

BioNerd
by on Apr. 27, 2013 at 7:46 AM

 Your DH should be able to call his attorney and ask. He/she would know. If he can't get a hold of the atty, he could call the court. They should be able to tell you too.

Good luck.

Anonymous
by Anonymous - Original Poster on Apr. 27, 2013 at 12:11 PM
Dh has legal and physical custody. She is non-residential parent and pays support.


Quoting Tryshx:If you have joint custody you have to have her consent to move the child out of the school district... and moving out of state definitely constitutes where her decision matters...
Anonymous
by Anonymous - Original Poster on Apr. 27, 2013 at 12:14 PM
Thank you. I was up all night trying to find answers, lol


Quoting BioNerd:

 Your DH should be able to call his attorney and ask. He/she would know. If he can't get a hold of the atty, he could call the court. They should be able to tell you too.


Good luck.


Tryshx
by on Apr. 27, 2013 at 12:14 PM

But even with legal (which could either be joint or sole, because you still didn't specify) and physical custody most judges grant joint where both parents have to be in agreement on any major decisions in the child's life.

Quoting Anonymous:

Dh has legal and physical custody. She is non-residential parent and pays support.


Quoting Tryshx:If you have joint custody you have to have her consent to move the child out of the school district... and moving out of state definitely constitutes where her decision matters...


progressandjoy
by Silver Member on Apr. 27, 2013 at 12:44 PM
I THOUGHT (I definitely don't know) that you had 30 days from the time you're notified of the move. The person relocating is supposed to send notice. Once the OP receives notice they have 30 days to respond. If they don't contest the move by filing a motion, then it's a done deal.

Again - that's how I thought it went; I could be wrong. I can't imagine a judge saying, "they moved four months ago and NOW you're contesting the move." The only time I can see that is if the movers didn't give adequate notice and just took off.
Anonymous
by Anonymous - Original Poster on Apr. 27, 2013 at 12:49 PM
Sorry. It's sole legal.


Quoting Tryshx:

But even with legal (which could either be joint or sole, because you still didn't specify) and physical custody most judges grant joint where both parents have to be in agreement on any major decisions in the child's life.

Quoting Anonymous:

Dh has legal and physical custody. She is non-residential parent and pays support.





Quoting Tryshx:If you have joint custody you have to have her consent to move the child out of the school district... and moving out of state definitely constitutes where her decision matters...



chasinrainbows
by Gold Member on Apr. 27, 2013 at 12:52 PM
1 mom liked this
I think they have 30 days to file a motion contesting the move.
Tryshx
by on Apr. 27, 2013 at 12:53 PM

In that case, she shouldn't have any say in where your DH decides to take his child... the child that HE is SOLELY resposible for.

Quoting Anonymous:

Sorry. It's sole legal.


Quoting Tryshx:

But even with legal (which could either be joint or sole, because you still didn't specify) and physical custody most judges grant joint where both parents have to be in agreement on any major decisions in the child's life.

Quoting Anonymous:

Dh has legal and physical custody. She is non-residential parent and pays support.





Quoting Tryshx:If you have joint custody you have to have her consent to move the child out of the school district... and moving out of state definitely constitutes where her decision matters...




yryssa1
by on Apr. 27, 2013 at 12:54 PM
I know states are different but we've had a similar situation come up. Background first, my DH had joint custody with bm having physical custody. DH is highly involved in his kids lives from sports to school events. If BM wants to move more than two hours away she has to let DH know by certified letter, 30 days before she moves, what her address will be and the purpose of moving. He can fight it before she moves. He would have to prove why it would be detrimental for the kids to move away from BF. If she does not give him this letter and moves without consent, we have to immediately file a petition with the court in order to fight it.

It sounds like you have all of your ducks in a row and are doing this how you are supposed to. I think she would have to fight it right away. I don't believe the courts would look favorably on someone who is not involved in the child's life if they waited around a few months and then decide to fight. I also do not see how she could prove the move would be detrimental since she is not a fully involved parent. Good luck!
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