americandadof5 wrote:Ohio or anyone ....how does a GAL or a judge tend to view the circumstances where one parent unilaterally relocates a child out of bad faith, for example when as in my case, a parent absconds with the child to a new state? That parent will in most cases I believe, try to put on a show for the court and say the child is "flourishing" and "settled in" to their new environment. There's gotta be a way to mitigate against that argument.
How long has kiddo been with mom out of state?
This hindsight is not to bash you, it's for new members or lurkers to hear....
Mom should have been prevented from moving your child from the start. The second I sniffed out that my ex intended to relocate my kids, I filed for a temp order keeping them in their schools while the case was active.
It took well over a year after the temp order was granted for the case to settle, so another year of status quo. She moved, they didn't.
I think your challenge lies on what the status quo currently is. The length of time she's been gone and your child's integration in his new community, schools, etc...is going to factor in, status quo is not easy to undo, that's why we preach it here.
The GAL will ask S10 what he thinks...it's not THE deciding factor, but it's a part of the evaluation process, and a GAL will be able to sniff out coaching by either of you.
Her move is as much her fault as it is yours for not preventing it.
Prepare and execute to win by a thousand miles, just to be in position to win by an inch.