[dmaxp06]

I'm currently in another custody battle. The first one didn't exactly go my way. Well in my divorce I ended up with shared parenting with no designated custodial parent meaning when he is with me I am the custodial parent and when he is with his mom she is the custodial parent. Well the shared parenting plan consisted of me getting my son every other day and then every other weekend and that worked out pretty good for awhile. Well she had gotten married to an army recruiter and moved into a place during and after the shared parenting went into affect. Well dec of 09 I find out that he has to move closer to his station or whatever its called 70 miles away. So we go to court for about 8 months and several contepmts on her behalf later she moves 70 miles away closer to her new husbands work in the middle of our hearing and what's worse is that it ends up being exceptable. So I ended up getting the first 3 weekends a month and a few weeks in the summer which just ended earlier this month so I'm back to the weekend deal but now I just found out that she is again intending on moving to relocate for her husbands military position but this time its to Oregon. Don't know about all of you but Ohio to Oregon is a bit of a trip. Now I got till October 1 to get something going with the courts but my question is I guess would what are the chances the courts will again allow them to move that far away especially if I been involved in my sons life since birth and he is now 5. Any answers or websites or anything would be greatly greatly appreciated

[GV70]

my question is I guess would what are the chances the courts will again allow them to move that far away especially if I been involved in my sons life since birth and he is now 5. Any answers or websites or anything would be greatly greatly appreciated

Ohio Child Relocation
(provided by James H. Allison, Attorney at Law)

If you are the custodial parent and you want to move to another city with the children, Ohio law requires that you provide advance written notice to the other parent of your intention to relocate. New considerations and issues arise when each parent resides in a different city, not the least of which is the need to create a new parenting time and visitation schedule for each parent with the children. Notice to relocate must be given to the remaining spouse as well as the Child Support Enforcement Agency on any contemplated move. A move to another city reduces the amount of time that the remaining spouse can spend with the children because of the long distance that must be traveled to see the children. New and unexpected expenses will be incurred for travel expenses, including gasoline, motel, or air fare expenses, all of which must be taken into account. It may be necessary to modify the monthly child support order to accommodate the new expenses.

The court will not automatically agree with a parent that a move to a new city with the children is appropriate, as it must be shown, in the event the remaining spouse objects to the move, that the move is in the best interests of the children.

In considering what is in the best interests of the children in the relocation to another city with one of the parents, the court will examine the reasons for the move in an attempt to determine whether it is being done to frustrate the relationship of the remaining parent with the child. It will be necessary to consider the effect of the proposed move on the new visitation schedule that will result and whether the new visitation schedule will permit the continuation of a meaningful relationship between the remaining parent and the children.Ê

The court will review the extent to which parenting time and visitation that has been exercised in the past will impact the visitation that the proposed move might have on all parties in the future. If the court determines that it is in the best interests that the children remain and not make the move to the new city with the parent desiring to move, the court can change custody to the remaining parent and then create a visitation schedule for the parent who moved away. Although it is not binding on the court, the wishes of the child with respect to such a move can be considered by the court, depending upon the age and maturity of the child who is expressing an opinion. The living conditions, the educational opportunities and the social/economic considerations of the new city can be considered by the court and compared to the child's current circumstances. The availability of the extended family and support groups in the current environment and those available in the new environment can have an impact on the court's decision.

The ability to communicate with a child who has relocated to a new city with the other parent is made much easier today because of the availability of computers, e-mail, and fax machines, not to mention the simple use of a cell-phone. Homework can be faxed back and forth and a multitude of computer games are available for parents and children to play from different locations over the Internet. E-mail allows instantaneous communication with the children. Ohio courts require that parents share all information concerning the children's school reports, grades, medical information, and especially information concerning any unusual medical conditions that require extraordinary treatment. Teachers can provide parents with e-mail addresses, allowing parents to communicate at all times with the teacher on any issues that arise concerning the child, giving instantaneous communication to both parents, all in the best interests of the child.

Ohio Divorce Source: Ohio Child Relocation