Can my ex-boyfriend take me to court and have an order put in place so I can never take our 2 daughters out of his home school district?

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Can my ex-boyfriend take me to court and have an order put in place so I can never take our 2 daughters out of his home school district?

Asked on November 12, 2012 under Family Law, Ohio

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Your ex-boyfriend can take you to court and ask the judge to place a geographic restriction on where you live to insure that he has frequent access to the childrend.  Emphasis here is he can "ask."  This does not mean that the judge will impose the restriction, especially if his interest in the children has historically been limited.  The judge can grant his request and it does happen, however, it's not something judges always do.... especially in this economy when many parents have been forced to relocate for work.  If he does take you back to court, stress and highlight the need for mobility for employment on your part.  Also make a counter request for increased child support in that if the restriction limits your earnings, that it also limits your ability to provide a higher income to your children-- and that expense should be offset by an increase in his support obligation.  Again, the judge may not grant your request, but it will make your ex- think twice about filing for a request that ends up costing him more than he bargained for. 

Until he gets some order in place that restricts where you live--- move where you want to.  If the children get settled into a new district now, you would have the additional argument that adding another move could impact their school and emotional performance.  You can also make the argument that it's easier for him to move into the children's new district, rather than uprooting the children from their new friends and routines.


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