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  1. #1

    Exclamation Father Says He Won't Bring My Son Back Home

    My question involves a child custody case from the State of: Ohio

    Could a father file for full custody and keep the child from the residential parent's home if the mother tells the father she thinking about moving in over a decade?

    Hi, I'm in a bit of a conundrum. I told the father that I was thinking about moving but it was going to take time. I told him it'd take over a decade to do this. The child in question is 9 right now and is with the father for the summer as per the divorce decree. He's here the rest of the time for school. I am the residential and custodial parent. He says that he decided that since I said that he's going to file custody papers and that he's not going to bring him back home. He mixed my words and now is saying he has witnesses that I said I was leaving immediately.

    I have no idea what to do or if I should do anything. I'm in the state of Ohio and I reached out to community legal aid in summit county (I will try Cuyahoga county because this is where he'll most likely file the court papers) and unfortunately they cannot help me due to COVID.

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  2. #2
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    Default Re: Father Says He Won't Bring My Son Back Home

    Quote Quoting StressedMomof3
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    Could a father file for full custody and keep the child from the residential parent's home if the mother tells the father she thinking about moving in over a decade?
    This question doesn't make a ton of sense. Obviously, just about anything "could" happen.


    Quote Quoting StressedMomof3
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    I have no idea what to do or if I should do anything.
    Until and unless the father violates the terms of the divorce decree or custody/visitation order, there isn't anything to be done (beyond clarifying what you told him - preferably in writing).

  3. #3
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    Default Re: Father Says He Won't Bring My Son Back Home

    So your baby daddy isn't good at English and/or math.

    If you don't plan to move for more than a decade the now 9 year old will be over 19 when you move and custody won't be an issue.

    And why would you even tell him your are moving when you aren't going to do so for more than 10 years.

  4. #4
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    Default Re: Father Says He Won't Bring My Son Back Home

    Quote Quoting PayrolGuy
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    So your baby daddy isn't good at English and/or math.

    If you don't plan to move for more than a decade the now 9 year old will be over 19 when you move and custody won't be an issue.

    And why would you even tell him your are moving when you aren't going to do so for more than 10 years.
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  5. #5
    Join Date
    Oct 2006
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    Default Re: Father Says He Won't Bring My Son Back Home

    Quote Quoting PayrolGuy
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    So your baby daddy isn't good at English and/or math.

    If you don't plan to move for more than a decade the now 9 year old will be over 19 when you move and custody won't be an issue.

    And why would you even tell him your are moving when you aren't going to do so for more than 10 years
    .
    Seriously, that was a dumb move.

    However, if he actually does not return the child, then you personally go and attempt to retrieve the child, taking your custody paperwork with you and ask for an assist from his local police department. If that doesn't work, then you immediately file in the county that has jurisdiction for contempt for him not returning the child.

    I also agree with the other poster that you make it perfectly clear, in writing, text and registered snail mail that you do not intend to move for a very long time. If the registered mail comes back to you as undeliverable, keep it unopened so that you can open it in court and show the judge what you sent.

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