Non-Residential Parents in Ohio

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Latest post Tue, Jan 3 2006 1:14 PM by OhioCP. 3 replies.
  • Tue, Dec 27 2005 10:41 AM

    • Raj101
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    • Joined on Mon, Dec 30 2002
    • Posts 4

    Angry [:@] Non-Residential Parents in Ohio

    Hello All,

    Hope everybody had a great Holiday. I am writing to get some advice on a post-decree matter concerning my minor daughter (7 yrs old).

    Case Background
    My daughter lives in the Cincinnati area, and hence the case is based there as well. I am the non-residential parent and I live in Illinois.

    Recently, I took my daughter for counseling, to try and improve our communication. My ex-wife objected to this, citing logistical reasons (on her side). Furthermore, she discouraged my daughter from participating. I still went ahead and took her to a counselor.

    My ex-wife has filed a motion of contempt against me, stated that I overstepped my boundaries as a non-residential parent. I am not sure if her complaint has any merit at all, but wanted enlightened folks on this board to opine before I hire counsel to defend this allgation.

    Also please note that the law in our case consists of a seies of Agreed Entries. One of them clearly (even-handedly) states that both parents must inform the other parent if minor daughter has received any form of medical attention. The purpose of this was to level the playing field and to give each parent the right to know. After each session with the counselor, I have, in accordance with the agreed entry mentioned previously, written an email to my ex-wife, fully explaining to her the appointment and the outcome.

    Please let me know if anyone here has had a similar experience.

    Bottom-line, I don't think a court can/should sanction a parent for seeking medical help for a son/daughter.

    Second of all, I think it is blantantly unfair that I have to seek my ex-wife's permission to repair my relationship with my daughter, a relationship that the ex-wife has deliberately undermined (this was a legal finding).

    If they argue that non-residential parents can only seek emergency medical help, then it is fair to say that, given the deteriorating relationship and a breakdown in communication that I have suffered is AN EMERGENCY.

    Is the contempt motion defensible, and should I file counter-motion citing other violations of our Agreed Entry in our case that my ex-wife has committed?

    Your responses would be much appreciated.

    Thank you, and this is wishing everybody a happy New Year.

  • Tue, Dec 27 2005 6:33 PM In reply to

    re: Non-Residential Parents in Ohio

    For starters, do you have joint legal custody?
  • Thu, Dec 29 2005 1:20 PM In reply to

    • Raj101
    • Not Ranked
    • Joined on Mon, Dec 30 2002
    • Posts 4

    re: Non-Residential Parents in Ohio

    No, I do not have joint legal custody. However, due to my being so far from Cincinnati (Chicago), we have negotiated a series of Agreed Entries which, taken together, have deviated quite a bit from the standards Ohio (custodial-non-custodial) parenting arrangement.
  • Tue, Jan 3 2006 1:14 PM In reply to

    • OhioCP
    • Top 50 Contributor
    • Joined on Fri, Feb 20 2004
    • OH
    • Posts 2,570

    re: Non-Residential Parents in Ohio

    You have duplicate posts on different boards here, which makes it quite confusing and goes against the rules of this site.

    Without JOINT LEGAL custody, the parent with FULL LEGAL cusotdy can certainly argue that you have overstepped boundaries with procurement of any kind of treatment that requires parental consent. Your attorney will be able to interpret these "agreed entries" to see what areas of consent you actually have.
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