QUESTION
Will my spouse taking a new job and us moving affect my ability to obtain custody.
Asked on Apr 09th, 2020 on Child Custody - Ohio
More details to this question:
We moved to a new state a year ago. My spouse accepted a better position but we need to move about 5 hours away from where we are now. I plan on paying for an attorney to make an attempt to get my daughters out of a bad home environment. I could not do it in the state we lived in at the time because I couldn't afford it. I had just paid off one I had to use twice, so this is the option I am left with. A prior attorney advised me to tell my spouse to wait a year before we went to court so we could show the court it's a working situation and stable. It has been a year but now this new position has come up. I'd like to know what the best option is. I am in CA and they are in OH.
1 ANSWER
Family Law Attorney serving South Euclid, OH
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N.P. Weiss Law
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To answer this we need to know where the children are living. Divorce and child support are strange in that the jurisdiction of the divorce only requires a parent to live in a state or a county, but that is seperate jurisdiction from jurisdiction over teh children. If the children are staying with you in CA the majority of the time, it is likely that not only do CA courts have jurisdiction over the custody order, but that presumptively the court will want the children to stay in CA.
Let me know if I'm misunderstanding the facts here, but it sounds likely that you could simply file in California and move for custody there.
Answered on Apr 13th, 2020 at 5:33 AM