Legal Question in Family Law in Ohio
Shared Parenting and moving out-of-state
My wife and I recently divorced. We get along great, shared parenting plan works fine; and we had no problems in th ehearing (it actually was quick and easy).
She knows I would love to move out West, and I actually would like to take our son...we have alreayd discussed a time line, perhaps August of 2008...she and I would gladly rewrite a new shared parenting plan, complete with new visitation shcedule (i.e. Spring Break and Christmas Break he would come home, he'd be home with her in the summer, etc..and with me other times and for schooling purposes)...If we both agree, we write up the plan, file the motion; and we state that this is what we want...can the court say ''No.''? I mean we are agreeing on all the issues, his best interest, custody, parenting plan, and agreeing to file and do everything that we're supposed to...what can bar this move from taking place on my part, if she and I are in agreement? Likewise, she wishes to move to Chicago at the same time...
1 Answer from Attorneys
Re: Shared Parenting and moving out-of-state
"
(a) Both parents under a shared parenting decree jointly may modify the terms of the plan for shared parenting approved by the court and incorporated by it into the shared parenting decree. Modifications under this division may be made at any time. The modifications to the plan shall be filed jointly by both parents with the court, and the court shall include them in the plan, unless they are not in the best interest of the children. If the modifications are not in the best interests of the children, the court, in its discretion, may reject the modifications or make modifications to the proposed modifications or the plan that are in the the best interest of the children. Modifications jointly submitted by both parents under a shared parenting decree shall be effective, either as originally filed or as modified by the court, upon their inclusion by the court in the plan. Modifications to the plan made by the court shall be effective upon their inclusion by the court in the plan." 3109.04
If you would like assistance drafting the modified parenting plan I would be more than happy to assist you.
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