The conversion of the motion is based on the fact that while plaintiff has not established fraud, she does not wish to join in the move to Ohio as stipulated, and the Court is reluctant to force her to do so in order to maximize contact with her child. The decision for alternating weeks is intended to insure the child will have frequent contact with both parents, even though it will impose a burden on the child. The Courts have a duty to protect a child's relationship with both parents. Custodial parents may be called upon to make sacrifices to ensure the child's right of access to the non-custodial parent. The Court order of Judge Hartley is modified to provide that defendant may remove the child to Columbus, Ohio, subject to the continued jurisdiction of this Court and Family Court.
Placement is still with the husband as provided in that order.
Plaintiff shall have Alicia every other week from Friday night to the following Friday, provided she picks up the child at an agreed upon place approximately half way between Columbus and Jamestown, and, returns the child to that point a week later, unless defendant elects to come all the way to Jamestown on any given Friday. Plaintiff may visit Alicia in Ohio during the week by giving defendant reasonable notice, and, on reasonable notice, defendant may visit Alicia in Jamestown during the week the child is with plaintiff. If they cannot agree on the terms and times, they must submit the problem to the Dispute Resolution Center at Jamestown before making application to the Court. The defendant shall have the same right of visitation should Alicia become ill in Jamestown. During the weeks Alicia is with her mother, her mother is to see to it that the child's grandparents and other relatives have an opportunity to visit the child, or have the child visit them.