If I have shared parenting with my ex-wife in Ohio, what must I do to prevent her from taking the kids to live out of state?

Asked 7 months ago - Bowling Green, OH

She wants to move to Georgia. I don't care if she goes, but I want my children to stay.

Attorney answers (2)

  1. Lee Alan Thompson

    Contributor Level 20

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    Answered . You don't say when she may leave but move quickly. Have a consultation with an attorney. Your former wife is supposed to file a notice of intent to relocate which in turn gives you the opportunity to modify the shared parenting plan. Sometimes custodial parents fail to file the notice. Plan now for what needs to be done.

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  2. Robert Perez Soto

    Contributor Level 12

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    Answered . I agree with Mr. Thompson. Most Shared Parenting Plans and/or local rules state that a moving party has the duty to file a notice of intent to relocate within a certain time period prior to moving. Typically, at minimum, this is thirty (30) days prior to the move. The purpose of the notice is give the other parent the opportunity to file an objection to the move. If the moving parent fails to file the notice, the non-moving may still file a motion to modify custody and show cause to bring the unreported move the court's attention. If you do not already know, you should find out when your ex-wife plans on moving.

    In any case, I highly recommend that you consult with an attorny as soon as possible to review your situation and potential options as soon as possible.

    Robert P. Soto
    Attorney at Law
    Stephen A. Skiver & Associates, LLC
    28350 Kensington, Suite 200
    Perrysburg, Ohio 43551
    (419) 931-0067
    www.skiverlaw.com

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