QUESTION
As a custodial parent can I move out of state?
Asked on Nov 05th, 2013 on Child Custody - Ohio
More details to this question:
I have a 2 year old and we live in Ohio. There is no court order between her father and me yet. I am considering leaving the state and moving to VA because I met someone else and we plan on getting married. My question is can I leave the state even though there isn't any court agreement for visitation. If her father takes me to court for custody will it look bad that I left the state? I just want to figure out legally what is the best plan in my situation. Please help me.
1 ANSWER
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James F. Lentz Attorney & Counselor at Law
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The statement that there is no visitation order from the court "(Y)et" is an indication to me that the baby father has started the process to acquire visitation. Assuming the father has a motion to modify or a motion to establish paternity before a court of competent jurisdiction, by moving you will complicate matters. The interstate child support enforcement and jurisdiction act will take over and you may be compelled to return with the child or to arrange for long periods ov visitation with the father. My suggestion: If you are planning to move, address the issue now while you are before the court. Your child's father has a right to be in his child's life. In the child's best interest, I encourage you to figure out how.
Answered on Nov 12th, 2013 at 2:42 AM