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Modify Parenting Time Request
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The user seeks to modify the parenting time schedule due to the fathers relocation from Ohio to North Carolina, which has disrupted the shared parenting arrangement. The user believes the move was a control tactic and notes that the father left his eldest daughter in Ohio. The father resides in a one-bedroom apartment, which is inadequate for their two daughters, aged 14 and 4. The user has reported sexual abuse allegations to DSS, which are under investigation. The user requests no visitation and asks the court to issue a subpoena for the fathers lease agreement to demonstrate the living conditions. The motion cites Ohio Revised Code Sections 3109.04(F)(2) and 3109.051(D).Full Conversation
In a motion to modify parenting time due to how do I phrase dad picked up and moved from Ohio to North Carolina he claimed it to be so he could be closer to our child but he left his eldest daughter in Ohio. Plus I believe his motive was to try to establish a relationship with me and bully me and use a shared parenting as a way to control and irritate me and groom her.
Hello ****, I'm sorry to hear about your situation. It's important for the court to hear your concerns. You might mention:
- The father relocated without considering the impact on shared parenting.
- His move has caused more conflict and distress.
- You believe he's using shared parenting as a control tactic.
Remember, the court focuses on the best interest of the child.
- The father relocated without considering the impact on shared parenting.
- His move has caused more conflict and distress.
- You believe he's using shared parenting as a control tactic.
Remember, the court focuses on the best interest of the child.
Phrase this in my motion
Here's how you might phrase this in your motion:
"I kindly request the court to modify the parenting time schedule due to the respondent's sudden relocation from Ohio to North Carolina, which has disrupted our shared parenting arrangement. It appears that this move was not motivated by his stated intent to be closer to our child, but instead serves as a means to exert control and cause emotional distress. Additionally, this relocation has left his eldest child behind in Ohio, further casting doubt on his motives. I believe it is in the best interest of our child to reassess our current parenting time agreement."
"I kindly request the court to modify the parenting time schedule due to the respondent's sudden relocation from Ohio to North Carolina, which has disrupted our shared parenting arrangement. It appears that this move was not motivated by his stated intent to be closer to our child, but instead serves as a means to exert control and cause emotional distress. Additionally, this relocation has left his eldest child behind in Ohio, further casting doubt on his motives. I believe it is in the best interest of our child to reassess our current parenting time agreement."
Can you add something in here about filing to modify custody from parenting time to shared parenting as a control tactic
Sure, here's a revised version:
"I kindly request the court to consider my motion to modify the parenting time schedule. The respondent's relocation to North Carolina from Ohio has disrupted our arrangement and appears to be a deliberate attempt to establish shared parenting as a control tactic, causing emotional distress. His eldest child remains in Ohio, suggesting other motives. I believe reassessing our agreement is in our child's best interest."
"I kindly request the court to consider my motion to modify the parenting time schedule. The respondent's relocation to North Carolina from Ohio has disrupted our arrangement and appears to be a deliberate attempt to establish shared parenting as a control tactic, causing emotional distress. His eldest child remains in Ohio, suggesting other motives. I believe reassessing our agreement is in our child's best interest."
He moved into a * bedroom apartment he has two daughters
Are both daughters staying with him in the *-bedroom apartment, ****? And could you clarify their ages? This detail might be important in assessing the suitability of the living arrangements.
* and * they are during visits
I see. You may want to include this information in your motion as it could be relevant. Here's how you could phrase it: "I'd also like to bring to the court's attention that the respondent is residing in a one-bedroom apartment in North Carolina. During his parenting time, both our daughters, aged * and *, are staying with him in this limited space. I believe this living arrangement is inadequate for the children's needs."
How can I include this with the above
You can include it this way: "In addition to the concerns mentioned, I'd like to note that the respondent now resides in a one-bedroom apartment in North Carolina. During his parenting time, our daughters (aged * and *) are staying in this limited space, which I believe is inadequate for their needs. I kindly request the court to consider these factors when reassessing our agreement."
Any legal citation needed here?
Including legal citations can strengthen your motion. However, specifics depend on local jurisdiction. Could you please tell me which state you are in?
Cuyahoga County Juvenile Division
Thank you for the information, ****. In Ohio, revised code *.* (E)(*)(a) can be cited which considers the best interest of the child in changes of parenting time. Additionally, *.*(D) might be helpful as it pertains to relocation of a parent.
Thanks
You're welcome, ****! If you need further assistance or have more questions, feel free to ask. Good luck with your motion.
What does section of *.*(D) read
I can definitely find that information for you, but could you please tell me if you're referring to the Ohio Revised Code *.*(D)?
Yes
The Ohio Revised Code *.*(D) states: "If the residential parent intends to move to a residence other than the residence specified in the court order, the parent shall file a notice of intent to relocate with the court that issued the order. The court, on its own motion or the motion of the other parent, may schedule a hearing with notice to both parents to determine whether it is in the best interest of the child to revise the parenting schedule."
He’s not a resident
Could you clarify what you mean by "He's not a resident"? Are you referring to his residency status in North Carolina or Ohio?
He’s not residential parent I meant
I see, ****. If he's not the residential parent, his move could still affect the parenting time schedule. In your motion, emphasize how his relocation and living conditions affect your children's well-being and disrupt the current arrangement.
Is there a legal citation for this
Yes, you can cite Ohio Revised Code Section *.*(F)(*) which states that the court may modify the allocation of parental rights and responsibilities if it finds a change in circumstances and the modification is necessary to serve the best interest of the child.
How does this pertain to the above
The cited law is relevant as it provides grounds for modification of parenting time if a significant change in circumstances occurs, like a non-residential parent's relocation. This law focuses on serving the child's best interest, which aligns with your concerns about the living conditions and potential control tactics.
How do I include everything above in a motion to modify to no visitation include citations
You can phrase it like this in your motion:
"I request the court to consider my motion to modify the parenting time schedule under Ohio Revised Code Section *.*(F)(*). The respondent's relocation to North Carolina from Ohio and his attempt to establish shared parenting as a control tactic, both represent significant changes in circumstances. Additionally, his one-bedroom apartment is inadequate for our two daughters, aged * and *, during his parenting time. In light of these conditions and in the best interest of our children, I request modification to no visitation."
"I request the court to consider my motion to modify the parenting time schedule under Ohio Revised Code Section *.*(F)(*). The respondent's relocation to North Carolina from Ohio and his attempt to establish shared parenting as a control tactic, both represent significant changes in circumstances. Additionally, his one-bedroom apartment is inadequate for our two daughters, aged * and *, during his parenting time. In light of these conditions and in the best interest of our children, I request modification to no visitation."
I am asking that he has no visitation
I understand your concern, ****. Are there specific reasons you believe no visitation is in the best interest of your children? This will help me provide the most relevant legal information.
Sexual abuse along with other concerns including the above
I'm sorry to hear that, ****. Have you reported the sexual abuse allegations to the authorities? It's crucial for the safety of your children. The courts usually consider such serious allegations when deciding on visitation rights.
Yes to dss
That's an important step, ****. Could you please tell me if there was an investigation and what the outcome was? These details can significantly impact your case.
Yes
I'm sorry to hear about that, ****. It's crucial that any allegations of abuse are thoroughly investigated. Do you have the outcome of the DSS investigation?
Not yet but they may be leaning towards unsubstantiated due to lack of witnesses or physical evidence
I understand that's a difficult situation, ****. If the allegations are unsubstantiated, you can still present your concerns and any evidence you might have to the court. It's important to remember the court always considers the child's best interests in these situations.
Thank you how do I phrase all of the above together
You can phrase it like this:
"I request the court under Ohio Revised Code Section *.*(F)(*) to consider a change in our parenting time due to the respondent's relocation to North Carolina and his attempt to use shared parenting as a control tactic. His living conditions, a one-bedroom apartment for our daughters aged * and *, is inadequate. I also reported sexual abuse allegations to DSS which is currently under investigation. Given these circumstances, I believe it's in our children's best interest to modify to no visitation."
"I request the court under Ohio Revised Code Section *.*(F)(*) to consider a change in our parenting time due to the respondent's relocation to North Carolina and his attempt to use shared parenting as a control tactic. His living conditions, a one-bedroom apartment for our daughters aged * and *, is inadequate. I also reported sexual abuse allegations to DSS which is currently under investigation. Given these circumstances, I believe it's in our children's best interest to modify to no visitation."
Can you add the part about leaving his eldest daughter in Ohio
Absolutely, ****. Here's the revised version: "I request the court, under Ohio Revised Code Section *.*(F)(*), to review our parenting time. The respondent's relocation to North Carolina, leaving his eldest daughter in Ohio, and his effort to use shared parenting as a control tactic represent significant changes. His one-bedroom apartment is inadequate for our daughters aged * and *. I've reported sexual abuse allegations to DSS, still under investigation. I believe no visitation serves our children's best interest."
Thank you!
You're welcome, ****! If you have any other questions or need further assistance, don't hesitate to ask. Good luck with your motion.
Can someone else’s lease agreement be subpoenaed?
Yes, a lease agreement can generally be subpoenaed as it's considered a relevant document in certain court cases. However, specifics depend on local jurisdiction. May I ask which state you're referring to?
Can I request magistrate to subpoena the respondents lease agreement
You can request the court to issue a subpoena for the respondent's lease agreement. However, you must demonstrate that the document is relevant to your case. The final decision lies with the magistrate. Please consult with a local attorney for detailed guidance.
How do I ask for this?
You can request this by submitting a written motion to the court. It might be phrased like this: "I respectfully request the court to issue a subpoena for the respondent's lease agreement. This document is crucial to demonstrating the respondent's living conditions, which directly impact our children's well-being during his parenting time."
Can I request a subpoena within my motion to modify
Yes, ****. You can include a request for a subpoena in your motion to modify. It might be phrased like this: "In addition, I respectfully request the court to issue a subpoena for the respondent's lease agreement, which is critical to understanding the living conditions affecting our children's welfare during his parenting time."
Thanks
You're welcome, ****! If you have any more questions or need further help, don't hesitate to ask. Wishing you the best with your motion.
How can you find out how long a person has been living in a particular apary
To clarify, are you asking how to legally determine how long a person has been residing at a particular address?
Apartment*
There are a few ways to determine this, ****. Lease agreements, utility bills, or voter registration can provide such information. However, accessing these documents often requires the individual's consent or a court order. Would you like advice on how to proceed?
There’s. No cute I can use
I'm sorry, ****. Could you please clarify what you mean with "There's. No cute I can use"?
Website I can use
If you're looking for a website to verify someone's residency, please note that this information is often considered private and may require a court order to access legally. Are you looking for a specific type of website or service?
Looking for how long they have resided at an address
To legally determine how long someone has resided at an address, you would typically need access to private documents like lease agreements or utility bills which often requires the individual's consent or a court order. Are you seeking this information for a court case?
Is there a ChatGPT that can draft my motion if I have all my working ?
Yes, ChatGPT can assist in drafting a motion. It can help you phrase your arguments and cite relevant laws based on the details you provide. However, it can't replace a legal professional's advice. Please proceed with your details.
What if I already have the things I want to say I just want to copy and paste and let the ChaTGPT format it
Sure, feel free to paste your text here and I'll help format it for you.
It’s a lot
No problem, ****. You can paste your text here in parts if it's too long. We'll work through it together.
Will you write it up like a motion?
Absolutely, ****. Please share the points you'd like to include in your motion and I'll help format it into a legal motion structure.