Okay all you wise and wonderful people! I’ve been searching for an answer to this for weeks, and have come up with nothing. I really don’t want to have to pay my attorney for a (seemingly) simple question, so I thought I’d throw myself upon your collective mercy. Here goes nothin’…
I have a son with my ex husband, of whom I have custody and the ex has normal visitation rights. In the end of March I filed a “Notice of Intent to Relocate” to Florida with the son. (Currently we all live in Ohio.) According to Ohio law, this notice must be filed at least 90 days prior to the move. Late July/early August is the projected moving, so I’m covered there. But here it is May 1, and I haven’t gotten any kind of paperwork from the court. From what I understand, either my ex will file a paper stating that he is okay with us moving, or he’ll file one that says he will fight it, and then we’ll have to go to court over it. But shouldn’t I at least get some confirmation one way or the other? Every time I talk to my ex (at least once a week) he says that he’s okay with it, since I gave him a modified visitation schedule for after the move that will work out in everyone’s favor. But I guess there’s only ten days after he got my Notice that he can answer one way or the other, and that’s waaaaaaay past. So help me out here, Dopers, if you would be so kind. Since I haven’t heard anything, does that mean I really can move? I don’t want to assume anything, cause y’all KNOW what happens there, but I honestly can’t figure this out for the life of me. I even e-mailed the Clerk of Courts with whom I filed, and asked her this same question. This is what it said: Hello. I had mailed in a Notice of Intent to Relocate about two weeks ago, and I was wondering how long it takes before I will know if I need to have a hearing on the matter. My ex-husband told me that he got a copy of the notice, and that he was filing that he had no objection to the move (it’s an out-of-state relocation) but I hadn’t gotten any kind of notice from the court stating that they had received any paperwork on the matter. I guess my question is this: should I expect a letter stating that it is okay for me to move? And furthermore, how do I know that my notice didn’t get lost in the mail? Any help you could give me would be greatly appreciated. Thank you very much in advance, freekalette And here’s what she sent back: No oral hearings are scheduled for relocation notices. The other party is sent a notice from this office about your intent. Real helpful, huh? Anyway, if someone out there has experience with this sort of thing, I’d really love some advice. I just need to make sure my arse is covered so I don’t break any laws. Thanks guys; you’re the best!!
Non-legal advice: Look closely at the law itself, the decree regarding custody, and at the paperwork you were given along with the Notice of Intent you filed. If one of them says you have to get the court’s OK to take the child out of state, then you need to pursue this, including hiring an attorney (or getting a court-appointed one if in fact you simply cannot afford one). My hunch, however, is that the language says that you need to give your ex notice and that he has the right to object; if he consents, or at minimum does not raise an objection, you’d be free to go, without any court intervention whatsoever. The note back from the court supports this IMO – what she’s saying in obfuscatory language is that the court likewise notified your ex and he hasn’t asked for a hearing on it.
However, two things: The above is based on what little you’ve provided here so far and some unvalidated assumptions about procedure. And I’m not a lawyer, not your lawyer, not licensed to practice in Ohio, not at all familiar with Ohio custody law, and don’t have a clue what the statute and case law itself says, what your custody decree says, or what the paperwork accompanying the Notice of Intent form said. Any one of them might suggest you have to have the court’s permission. From the sounds of it, you’ve already jumped through the proper hoops and your ex has no issues with the move, so the court is not intending to intervene. But that’s purely based on a partial reading of the partial facts you’ve provided. It would not hurt to go to a first-consultation-free Ohio lawyer with all the paperwork you have and get his reading on it.
Thanks you guys. I may have to give my attorney a ring in the morning. Polycarp I am inclined to agree with you; that’s pretty much what I was thinking. But it’s definitely a good idea to talk to someone who knows the law(s).
Actually, raindog, I’m not 100% sure he’s okay. He SAYS he is, but he’s been known to lie in the past. If I knew for sure he didn’t object, I wouldn’t be so concerned. But I am going to call my lawyer first thing tomorrow and see what he says. Wish me luck!! crosses fingers and prays
I’m confused about the facts.
Is it the case that you filed the norice with the court AND he received it, officially? by which I mean, was served with the paperwork? Just telling him about it is probably not “notice” to the court. There is probably some official process that the law recognizes. He has 10 days after receiving Capital-N Notice. From what you said, that hasn’t happened yet.
You don’t need to pay your lawyer just yet – you may be able to trot down to the courthouse and find out the status of your paperwork. It will probably take some time, but peace of mind may well be worth a boring day waiting in line in family court.
Please god tell me you sent the notice by registered mail.
Yes, I did file the Notice through the proper legal channels. The Clerk of Courts are the ones who sent him a copy of it. (I did go to my attorney to ask about that part.) Sorry about the confusion there, as I’ve had a rather stressful day and wasn’t posting coherently. I’ll call the lawyer and see if I can find out my status for free. If not, I’ll go to the courthouse.
I’ll call the lawyer and see if I can find out my status for free. If not, I’ll go to the courthouse.