QUESTION
I was divorced with three children. I have custody of the girls and the father has visitation, which he lost in the past due to abuse.
Asked on Aug 01st, 2012 on Family Law - Ohio
More details to this question:
I am remarried and my husband is active Navy and is stationed in IL(i am in OH) In my divorce, I was asked if I was going to relocate and i stated "not at this time". It was later ruled that I said I would never relocate, which is not the case. My ex only sees the youngest of the three girls(ages 9, 13, 14) and rarely speaks to the other two. During his summer visitation, my daughter spent only 5 nights(out of 5 weeks) at her father''s house while spending all other nights at her grandmother''s house. how likely would it be to be able to relocate so that we can be a family?
1 ANSWER
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You definitely have an argument to make that relocating is in the best interests of your children. First, you need to file a "notice of intent to relocate." This is a form usually provided by the court. Or you can have an attorney draft the form. Your ex then has the right to object. If he does, then you go to court and present your argument, i.e. that he doesn't even excercise his parenting time, that when he does it is only with the youngest daughter, that your youngest daughter spends the majority of his parenting time at her grandmother's house, that your relocated home would be even more stable, etc. No one can say how a court will rule but based on those factors you have a good argument to make that relocating with the kids is in their best interests.
Simon W. Johnson
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Answered on Aug 11th, 2012 at 1:22 PM