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Divorced six years, remarried w/newborn current husband lives in Akron divorce decree prohibits move out of Cleveland.

Westlake, OH |

My ex- is unwilling to waive his right to force me live in Cleveland, Ohio area. I want to Live with My Husband in his Akron, Ohio home. Currently living w/ parents. took six months to get to mediation, he filed adversarial so turned to pre trial, mediation ordered. How long could this drag out if stalling me out is his tactic?

I filed motion to move, he objected mediation was scheduled, he filed something called adversarial, making mediation a pre-trial at hearing before magistrate mediation was ordered. He is saying child will be to far from him and his parents, We are willing to drive child in for visitation to his door if necessary and even enroll in Parma rec. for sports (ex lives in Parma) so Dad can see games. still a no go. If delay is his strategy, how long can it take? Can't live away from husband and with parents for ever.

Attorney Answers 3

Posted

It's hard to tell from the facts you've given exactly what action your ex has filed. This type of case is normally resolved in just a few months. Akron isn't on the other side of the world from Cleveland., I don't see why it should be such an issue but you are required to file a Notice of Intent to Relocate and then, if he doesn't agree, you've got to prove that it's in your child's best interest to make the move. DO NOT try and do this without an attorney. The potential consequences are severe.

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Posted

Mediation is pretty simple. It seems that you are being reasonable. You move, so you transport. I am not sure what he is objecting to. Hopefully the court will help "force" an agreement. Does he have a restraining order keeping you from moving ? What does the divorce decree read ? Are you REQUIRED by the decree to live in "cleveland" or are you simply required to file a notice of intent to relocate. There are lots of unanswered questions based on your post. Give me more specifics !!

The above information is not, nor intend to be, legal advice. You SHOULD consult an attorney for specific advice regarding your individual situation. Based on this response no attorney-client relationship has been formed. If your matter is in Cuyahoga County or surrounding counties, we invite you to contact us. Please visit our website at www.kirnerandboldt.com. Contacting us does not create an attorney-client relationship. Please do not send any confidential information until such time and attorney-client relationship is formed. Attorneys in this firm are only licensed to practice in the state of Ohio and have no specific information as to the laws and rules of other states and none of the information provided is intended to be applied to the laws of other states.

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4 comments

Asker

Posted

required to file motion, then ex-spouse must approve if move is out of Cuyahoga or lorain

Peter Stephen Kirner

Peter Stephen Kirner

Posted

So the parenting plan read: Wife shall reside in Cuyahoga County or Lorain county Only ?? You may want to file a motion to modify parental rights and responsibilities, if he will not agree. You may want to consult in person with an attorney to discuss this matter.

Asker

Posted

yes all that is going on 1 hearing was held. That hearing was set as a mediation his Attorney field a motion that turned the hearing into a pre-trial. At that hearing no arrangements could be offered that would allow me to move. magistrate ordered us back to meditation. Which in our opinion will ultimately fail as he just wants to keep me and my new husband apart and make me suffer as long as possible. I just wander how long that can be at the outside. If it is to much longer I might want to move within the county. This is not what my new husband wants, he want to live in Akron near his work, tough decision. Stuffed in parents home and missing my newly wed.

Peter Stephen Kirner

Peter Stephen Kirner

Posted

Unfortunately, it can take a long time IF you cannot agree. Ultimately you would need to have a trial on the issue, if no agreement can be reached. WHat else do you have to offer him to make happen what you want to happen ? Discount on child support, cut some of the arrears (if any), etc. Find out what HE want and off set that with what YOU want. Good luck.

Posted

The fact that you have mediation scheduled, may help you obtain a quicker resolution. You should definitely talk with an attorney before the mediation.

All of Ms. Lawrence's responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Lawrence is licensed to practice law in Ohio. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.

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