rnmom34
member
Reged: 01/20/08
Posts: 174
Loc: oxford, ohio
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I live in OH and divorced in KY. Been divorced for 12 years. Joint custody with myself as residential. XH has never been involved with education, dental, medical, or sports/activites. To beat it all, our son was abducted 3 1/2 years ago and he never attended a single court hearing for the man who took him. XH is unemployed (since Oct.)willingly (judge accepted x employer letter in court Jan). He lives in a place that is being foreclosed on (it was his parents, they cant afford it anymore, but he has lived with the last 9+years). In our divorce, he got house, car, $ from 401K. Never pay his part of medical or dental or keep insurance (all is COd). I have always owned a house. I graduate RN school in July. Have job offer in AZ. Not only is it way more base pay than here, awesome insurance, great incentives, OT after 8 hr., AND they pay off all my school loans for school PLUS $8000 sign on bonus for 3 year contract. My offer is for him to pay state minimium support, I will keep insurance and pay ALL medical/dental bills. Visitations currently is standard EOW, etc. Offer- Xmas, spring breaks, the breaks between quarters (usually 1-2 wks, all of summer except the first week and last 2 weeks). As for costs, split, he pays to bring them to him, I pay to bring them back (since cs would be minimal). Children are 12 and 15. This is actually more time than he gets now. Of course I want it also worded that anytime he chooses to take a trip to AZ he may have the kids for the 1-2 wks (with notice of course) but they still have to go to school. Do I need to attach the proposed visitations when I file the intent to move? Do I need to attach a copy of my job offer? Need a little info. Not sure what if anything I need to file.
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momx3
old hand
Reged: 04/19/06
Posts: 1036
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I'm not a fan of anyone moving a child(ren) away from the other parent. But that aside....
Yes, you can attach a proposed plan to your Intent to Move filing. In addition, for the Court's consideration, you can attach the job offer information also.
However, be forewarned that your ex, while it appears life is not rosy for him, hasn't done anything to actually warrant separating him from his children; and, as a result, you may be told to leave the children with Dad and you exercise the visitation you proposed.
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I'm not bossy...I just have better ideas!
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Maury
Carpal \'Tunnel
Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->
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A look at Kentucky statutes soes not indicate that there is any protocal for relocations with children http://www.lrc.ky.gov/KRS/403-00/CHAPTER.HTM
You would be wise to consult a lawyer in that state.
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rnmom34
member
Reged: 01/20/08
Posts: 174
Loc: oxford, ohio
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Here's the thing I did call a lawyer and he said it wasn't necessary to file anything because there is no relocation clause and Ky only requires notice to the other parent. I don't want to do it that way. He only has been visiting the 12 year old off and on for the last 4-5 yrs. His choice. As for the judge making the kids stay with him, How? when in less than 3 mos. he will not have a place to live or way to feed them. What I can tell is Ky he would have to prove me to be unfit. I want to go about this civilly I don't want to seem like I just did what I wanted. If I stay here I'm more in debt with student loans and make way less money. I just want opinions on the best way to handle this even though I'm really not required to do much.
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Maury
Carpal \'Tunnel
Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->
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If he has a court ordered parenting schedule and that is interfered with by the reloaction, you must file a Motion to modify that parenting schedule.
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rnmom34
member
Reged: 01/20/08
Posts: 174
Loc: oxford, ohio
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Thank you. So should I attach the proposed modifications with my motion? It actually gives him more time than he presently has now. Here's something funny from today. Our 15 year old had his tonsils and adenoids removed today. His father hasn't even called to check on him. I did call his parents and let them know things went fine but one would think he would have called. The only # I have for him is a prepaid cell phone that never has minutes. I could have called his gf but she had to work today so to me there was no use to try to chase him down. He knew it was today.
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Maury
Carpal \'Tunnel
Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->
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Yes. I would attach a proposed parenting schedule with the Affidavit suporting the Motion.
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