How can I move out of state with my kids? 2 Answers as of June 14, 2011

My kids' father is supposed to get our kids every weekend but only gets them once a month. I was offered a high paying job out of state. How likely would the court rule in my favor?

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Deal & Hooks, LLC
Deal & Hooks, LLC | Shawn P. Hooks
Assuming that you must get the court's approval before you can move out of state it is uncertain how likely the court is to rule in your favor. Each court and judge is somewhat different. The court should look at the fact that the move is for a good reason, and it should also help that your children's father does not exercise his parenting time. That being said, it will need to find a schedule that it deems fair to him and the children in order to rule in your favor. You should contact an attorney to find out more about the specific court you are in, and what strategy would be the most effective to gain a favorable ruling.
Answer Applies to: Ohio
Replied: 6/14/2011
Law Office of James Lentz
Law Office of James Lentz | James Lentz
As an Ohio attorney, I would be willing to make the argument. By statute, you must notify both the court and the childrens' father of your intent to move thirty days before your scheduled date of departure. If you expect the father will object, I would file the notice as soon as possible. The court will schedule a hearing to take evidence as to why the children should stay with you on your move out of state. The the court will rule in the best interest of the children. You need to consult a domestic relations attorney to approach the father of the children with a proposed revised visitation schedule. Your request is not unusual, but typically the court will order the children to spend the summer months with their father. Again, please consult with a domestic relations attorney soon so that your move goes off without a hitch.
Answer Applies to: Ohio
Replied: 6/14/2011
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