Moving a Child Out of State Without the Other Parent's Permission
My question involves a child custody case from the State of: Ohio
I'm originally from Ohio. My two year old daughter was born in Ohio. Her father and I were NOT married before my pregnancy, during my pregnancy, or after. We were not even together after month three of my pregnancy. I recently got married in February 2016. My husband is in the army and is stationed in Kentucky. My child's father and I have NEVER gone to court for custody. The only thing that has been established is child support. Which i can count on one hand how many times he has paid in the last two years.
While I was still living in Ohio, Her father and I agreed that he would take her every wednesday 5:30 till 8 and he had her every other weekend Friday through Sunday 6:00 to 6:00. I got engaged in December. I made my daughter's father aware of this. He had more than a 30 day notice. I came down to Kentucky and my husband I got married and we got our apartment so my daughter was in Ohio during that time due to my husband and I not having the apartment yet. Before i left, her father and i VERBALLY agreed that we would do every other two weeks for visitation. He would have her for two weeks, would then meet us halfway and I would have her two weeks and we would meet halfway when my two weeks was up.
Her father has moved around multiple times and has been kicked out due to not having a job and him not paying the rent. He to this day, will not give me an address to where he is staying. So when my daughter is there, I have no idea where she is staying and I do not like that. Her father knows where I live and has my exact address. We use to be able to be civil with each other. Now, he has another new female in his life and she is slandering me on social media. Ever since her father has been with this female, he refuses to answer my phone calls and texts when I am asking about Layla. I know he is getting my messages because our phones show what time he read the message.
I am fed up. I can't take much more and I do not like the fact that I do not know where my daughter is at all times when he has her. So my question is, can I take my daughter back to Kentucky with me and refuse to give her back until he takes me to court? I talked to a lawyer and I know in the state of Ohio, he technically does not have any rights unless he takes it to court. I just want to save my butt and not get myself in any legal trouble.
Re: Moving Out of State Wutg Child
You need to speak to an attorney.
Despite what many people think, you don't actually have the right to know where your child is every minute of the other parent's parenting time. Yes, it's good to have an address - of course it is - but he will never be under any obligation to account for every minute she's not with you.
Re: Moving Out of State Wutg Child
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Dogmatique
You need to speak to an attorney.
Despite what many people think, you don't actually have the right to know where your child is every minute of the other parent's parenting time. Yes, it's good to have an address - of course it is - but he will never be under any obligation to account for every minute she's not with you.
I spoke with an attorney. She told me that he does have to provide and address of where he is living
Re: Moving Out of State Wutg Child
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kelsmaloy
I spoke with an attorney. She told me that he does have to provide and address of where he is living
Read what I actually wrote, and not what you think I wrote.
Re: Moving Out of State Wutg Child
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kelsmaloy
I spoke with an attorney. She told me that he does have to provide and address of where he is living
That is different than knowing where she is every minute.
Technically yes, you could deny dad parenting time with the child until he takes you to court for court orders. However, that is going to potentially make you look bad in the eyes of the court.
How long have you lived in KY? Since you have custody by default, if you have lived in KY for at least six months jurisdiction would be in KY. It might be wisest for you to simply file to establish custody.
Re: Moving Out of State Wutg Child
Ignore the new girlfriend. She has no say in your child's life nor should you get involved in a cat fight on social media. Trust me it is not worth it.
Legally you do not have to let him have visitation right now. The best thing you both should have done was go to court and establish custody. You have custody since you guys were not ever married. But if he is a good dad and he does what he is supposed to do with support then you should get a visitation plan in writing and through the court.
He should give you his address but that is all he has to do. I would think if there was an emergency with your daughter he would let you know.
Re: Moving Out of State Wutg Child
You definite should go to court to establish custody and visitation - especially with a potential military move in your future.
Re: Moving Out of State Wutg Child
Also, only because you mentioned his sporadic child support in the original post, him paying child support has little to no bearing on whether or not he can exercise visitation once it is ordered. They are separate issues.
Re: Moving Out of State Wutg Child
Child support has been established. It is unclear whether it was initiated by the state or by the mother. Since custody and visitation were not, I am guessing support was by the state.
Also the alternating two week periods are not going to work long term. OP needs to research parenting plans with the view to a long distance plan. Worst case is an international assignment which would make it in OP's best interest to consult with attorney sooner rather than later.
Re: Moving Out of State Wutg Child
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kelsmaloy
I spoke with an attorney. She told me that he does have to provide and address of where he is living
If there is no court order requiring that he provide you with his address, then that may be a bit misleading. Perhaps there's a requirement in the support order. If in fact there is no custody order, and no other order relating to the exchange of addresses, then your ex- isn't violating a court order by declining to give you his address.
Your lawyer has likely informed you that if you have no custody order in effect, and you opt to move out of state, your ex- will be able to commence a custody action in Ohio and seek a court order asking that the child be returned to Ohio. For the first six months after you relocate to Kentucky, your ex- will be able to challenge Kentucky's jurisdiction over a custody case you initiate in that state, and try to have the case instead litigated in Ohio. With exchanges occurring every two weeks, your ex- will have a plausible argument that the child's domicile remains in Ohio, or that the child is domiciled in both states such that he may bring an action in Ohio even if you relocated more than six months ago. You should discuss jurisdictional issues and strategies with your lawyer.