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My ex-boyfriend and I have a daughter together (8). We were never married and there is no court order for custody or child support. He has been on SSI his whole life until recently and aquired his GED. He has never tried to help support her financially but I've still let them visit every other weekend. My husband and I both have job offers in Florida. (currently live in Ohio) 2 days before we were to leave I was served with Complaint for Custody papers. He and I have attempted to settle out of court but he wants Summer visit, Thanksgiving every other year, and Christmas every year. He also wants to meet halfway for exchange. Here's the kicker, he wants to claim her every tax year and for me to waive him paying child support. I agree with the visitation portion of this but not taxes and child support. If we go to court on the set date, can the judge keep us from moving?
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James F. Lentz Attorney & Counselor at Law
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You need to discuss your concerns with a family law attorney. Most of the issues the father raised will not be allowed by the court. But you will need a lawyer to enforce your rights. Also, support issues are separate from custody and visitation issues. As the bio dad has asked for enforcement of custody, you would certainly be within your rights in Ohio to ask your local Department of Job and Family Services to establish child support.
Answered on Feb 25th, 2013 at 12:18 AM