Can my husband take his ex back to court?

Question

My husbands ex girlfriend wants to move 4 hours away and take the child. Does she need to file anything with the court first? She is saying that she contacted the court and they told her she was free to go ahead and move. He has paid his CS failthfully (I know it's a seperate issue, just saying) and has never missed a scheduled visitaion. She wants to get married and move. She claimed she lived in one county and really resided in another. Thus my husband got less visitation time that way. What I want to know is in the state of Ohio can she legally move without notifying the court first? On what grounds can my husband take her back to court? Also if he were to file for shared parenting time, what would he have to prove? I need specific examples websites or documents if possible.

Answer 1

Since this is not a situation where anything would have been written out in a divorce decree, it is difficult to say for sure. It would be up to the courts to decide but without the decree the rules may be slightly different. In most cases there is a mileage limit or a state limitation as to where the custodial parent can or cannot move. If there is nothing in writing it will be difficult to determine. But in cases even with a decree, the courts will often allow this type of situation if it would improve the life of the parent or the child, and require the parents to determine rules for visitation.  

Answer 2

yes she can, cause it sounds like she has full custody. Your husband needs to file for joint custody and he can get more time with the child and probably less pay less cs. Maybe the two of them can do every other weekend and meet half way or during the summer few weeks there, few weeks with you. IDK. the courts make this stuff work out. I've been through it and it's hard! Good Luck

Answer 3

that is a good question for my bf he has a child and I hope his ex don't take him away maybe there is a law but I think if she doesn't take out of the state is ok  

Answer 4

She cannot make that move without the permission of the court and your husband. He needs to go to Family Court immediately to stop her. It is free but you may need a lawyer to help you with some of these problems.

Answer 5

Too much to answer. He needs to hire another attorney. But I think there is a lot he can petition for and possibly get. Depends on how much you want to win this fight. I assume, a lot.  

Answer 6

She can move anywhere w/in the state she wants too. They will have to go back to court to renegotiate the terms of visitations.  

Answer 7

all he has is a child with her,he doesn't own her.she can move any where she wants to.as long as she says he can see the child on his visitation days,the courts are satisfied.even tho he may have to travel half way around the world for it.there's nothing he can do about this.

Answer 8

No, she can do this if she wants.  She is not a prisoner of the court or of your husband.  It'll be tougher on him to have his visits, but that's life, she needs to be able to get on with her life, and more power to her.

She can legally move wherever she wants.  She could have moved to California if she wanted,  4 hours won't kill your hubby.