QUESTION
What kind of paper do I need stating I will bring the child back in one month? Please help.
Asked on Sep 03rd, 2013 on Child Custody - Ohio
More details to this question:
I live in Ohio, unmarried father. She recently moved out of state to Texas with my 4 year old son without my knowing. Me not having the money or lawyers like her, I have no choice but to relocate myself to be with my son. We are getting along and she agreed to let me fly him back and forth from Ohio to Texas for the next year until he starts school so I have purchased our tickets. I'm leaving tomorrow till Saturday and she now states that she doesn't feel comfortable with me taking him without the custody papers all filed which we agreed upon. Is there someway possible I can get a personal agreement or something notarized stating I will bring him back on a specific day in a month? I have no will to keep him from his mother. I just want my fair share of time with him. This has been his home his whole life.
1 ANSWER
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James F. Lentz Attorney & Counselor at Law
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I can only hazard a guess at your situation, but it appears as if: 1) You and the child's mother were never married. 2) You have never appeared in court to establish paternity and create a parenting plan with mom Based upon the above, let me explain your current circumstances. Mom is both the residential and custodial parent. Pursuant to O.R.C. 3109.042: *An unmarried female who gives birth to a child is the sole residential parent and legal custodian of the child until a court of competent jurisdiction issues an order designating another person as the residential parent and legal custodian. * ** That means mom calls the shots and until you go to court to get rights to visitation, she decides completely IF you see your son. And it gets worse. My third guess is that you never started child support through the Department of Job and Family Services. So now we have a question of laws. Depending upon how long the child's mother and the child reside in Texas, you may now be subject to Texas law. That means to clean up this mess you may have to file in Texas. You need to consult with a family lawyer now.
Answered on Sep 05th, 2013 at 7:36 AM