My question involves a child custody case from the State of Ohio and Florida. My son has two children with a gal he has never married although they have lived together the majority of the time they have been together. There are no court orders, no paternity, but he is on their birth certificates. Last spring she found a new boyfriend and picked up their children and moved about 60 miles away. They arranged a shared parenting plan, which worked out most of the time. Sometimes it was every other week for a week and later it was to be 50/50 two weeks at a time. However, suddenly in August she, without notice or cause, called my son and told him she was taking the children to her moms in Florida because she couldn't handle them. He begged her to let him take them full-time until she felt she was able to again "handle them" but she refused. She promised it would only be for a couple months and they would definitely be back by the holidays. My son told me that she has asked him a couple times to sign a paper allowing them to keep the children, which he refuses to do. He begs her daily to bring them back but she will not. Her mother rarely allows my son any contact with the children. My questions are as follows: What rights does he have? I am assuming he has none, so, what legal action must he take and in which state? Is what the children's mother has done considered abandonment? Thank you in advance for your help.
Children's Mother is Taking Them from Consistent Visitation Schedule to Another State
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12-03-2013, 10:53 AMTina J. MyersChildren's Mother is Taking Them from Consistent Visitation Schedule to Another State
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12-03-2013, 11:23 AMllworkingRe: Children's Mother Take Them from Consistent Visitation Schedule to Another StateDad needs to file in his state for custody...he needs to do so immediately. If he waits much longer jurisdiction will be established in FL.Quote:
Quoting Tina J. Myers
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12-03-2013, 12:29 PMDogmatiqueRe: Children's Mother Take Them from Consistent Visitation Schedule to Another State
Hang on a sec.
The children are with Mom or Grandma? Is Mom living there, too? -
12-03-2013, 02:52 PMTina J. MyersRe: Children's Mother Take Them from Consistent Visitation Schedule to Another StateThe children are in Florida with their maternal Grandmother. Their mother is living in OH with a "boyfriend". Is it possible to get custody when the children are not physically in this state?Quote:
Quoting Dogmatique
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12-03-2013, 03:01 PMDogmatiqueRe: Children's Mother Take Them from Consistent Visitation Schedule to Another State
Then yes, I agree with LdiJ.
Your son needs an attorney - right now. -
12-03-2013, 03:33 PMTina J. MyersRe: Children's Mother Take Them from Consistent Visitation Schedule to Another State
Last question....which state does he need to hire the attorney in?
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Ignore that question as it was answered above :) Thank you both for you advice, it is greatly appreciated! -
12-03-2013, 05:47 PMllworkingRe: Children's Mother Take Them from Consistent Visitation Schedule to Another StateGiggle...did you figure out what was wrong with that statement?...on THIS forum?Quote:
Quoting Dogmatique
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12-03-2013, 05:51 PMFatherWhoWonRe: Children's Mother Take Them from Consistent Visitation Schedule to Another StateI can't believe I never put that together...Quote:
Quoting llworking
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12-03-2013, 06:17 PMllworkingRe: Children's Mother Take Them from Consistent Visitation Schedule to Another StateDid you figure out Dogmatique?Quote:
Quoting FatherWhoWon
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12-03-2013, 06:52 PMcbgRe: Children's Mother Take Them from Consistent Visitation Schedule to Another State
I make it easy.