QUESTION

Can I just move if I did not have any provisions in my decree that stated I couldn't move or I had to give advance notice?

Asked on Apr 19th, 2015 on Child Custody - Ohio
More details to this question:
I have sole custody of my son. I filed the paperwork and moved. I enrolled my son immediately in school, soccer, basketball. My ex and I were going to work out a visitation agreement and then his attorney filed papers. We have an upcoming hearing in June. No the judge filed an entry saying I have to move back and re-enroll my son in school there. I haven't been served with the papers yet. I moved here with my fiancée which we've been living as a family unit for 18 months. My ex is extremely unreasonable.
Report Abuse

2 ANSWERS

Family Law Attorney serving Independence, OH at Abel & Zocolo Co., LPA
Update Your Profile
Without seeing your actual papers I cannot say whether you had the right to move or not. Even with the move, however, until a new schedule could be arranged you would still have the duty to provided visitation as it was previously ordered. The judge probably had the authority to order the child back but you need to consult with an attorney immediately. There also was a Notice of Intent to Move that needed to have been filed with the Court 60 days in advance.
Answered on Apr 22nd, 2015 at 2:14 PM

Report Abuse
First, you need to see a lawyer, because your issue confuses me. The phrase "I filed the paperwork and moved.", leads to the question: what paperwork? As the residential parent, you are obligated to notify the court every time you move. ORC 3109.051 (G) states: *If the residential parent intends to move to a residence other than the residence specified in the parenting time order or decree of the court, the parent shall file a notice of intent to relocate with the court that issued the order or decree. * So if your paperwork was notice to the court of your intent to move, then you are on the right track, Unfortunately it doesn't sound like that is what you did. And you did not say, but it sounds like you moved the child out of the state. Judges frown on moving children anywhere without notice to the court and to the other parent well in advance. But moving them out of state adds fuel to the fire. *BEFORE THE NEXT HEARING, AS SOON AS POSSIBLE, YOU NEED TO HIRE A LAWYER. THIS ISSUE CANNOT BE RESOLVED ON THIS BLOG AND HAS THE POTENTIAL TO BE EXTREMELY SERIOUS. TRYING TO REPRESENT YOURSELF IN THIS CASE WOULD BE AKIN TO DO-IT-YOURSELF BRAIN SURGERY. YOU NEED LEGAL HELP AND YOU NEED IT NOW.
Answered on Apr 22nd, 2015 at 11:40 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters