Legal Question in Family Law in Ohio
I have filed a Notice Of Intent to Relocate (within the state)
I filed a Notice of Intent to Relocate within the State(150 miles or 3 hrs).I am the Resid.parent of an 8-yr.old boy.I was offered a job at my company's world headquarters which happens to be my hometown.My ex filed an obj.along with a TRO not allowing me to move our child or change his school&a notice requesting custody change.We have shared-parenting and have the Standard Rule 19 Visitation schedule w/my ex getting our son overnight on his week night&overnight on his every other Sunday(70:30 ratio).I have an elderly divorced father who my only sibling attends to but she is undergoing chemo for cancer.I have since lost the job offered but will not have a problem finding another one w/in my co.Son will benefit from living in same city since grandparents are extremely involved and will sit with him instead of daycare. My ex has listed son as witness for trial in two weeks.I have offered to make up time in the summer and/or other school breaks along w/driving 1/2 way for his weekends.How do I stop him from calling son as a witness?How do you think the magistrate will rule?Do you think my attorney could be more aggressive?Is there anything else I can do?Thank you for a prompt response.
1 Answer from Attorneys
Re: I have filed a Notice Of Intent to Relocate (within the state)
I would ask the court to appoint a guardian ad litem to represent the best interests of the child. I would also file a motion to quash the subpoena for the child, on the grounds that the child would not have enough understanding to handle the situation as a witness. You might also request the magistrate to interview the child in camera as to his wishes.