Perhaps you have been a Hamilton County resident all your life. You were married here and you were also divorced here, but you spend as much time as possible with your son.
You love taking your nine-year-old to Reds games, but that activity will have to end. You have been offered a great job in Indianapolis, and the next step is child custody agreement modification.
Agree to disagree
If you and your ex-spouse were to agree to the custody agreement modification, all you would have to do is file a motion to modify the standing custody order. However, your ex is not happy about your proposed move because of the change it will make to the visitation schedule. Your son looks forward to spending time with you and is sad to learn that you intend to move away because he will not see you as often.
Filing on your own
Despite the fact that the other parent does not agree with your relocation plans, you can still file a motion. There will be forms to complete and fees to pay, and you will also have to arrange with the clerk of the court to serve your ex with a copy of the filing.
Legal guidance can be helpful in a situation where parents have different viewpoints about a child custody agreement modification. You and your ex must be prepared to produce evidence to the court that shows why you are for or against the modification request. Perhaps you can work out a new visitation schedule, one where your son could visit you for a longer period of time—in the summer, for instance—and you could plan trips back to Ohio so you could once again enjoy Reds games and other good times together. A judge will always make a decision that addresses the child’s best interests, but in terms of child custody agreement modification, relocation is one of the most common requests to come before the court.