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Custody during marriage.....

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oneontheway

Guest
What is the name of your state?Ohio I have a 2 year old son and I am expecting in Jan. My husband moved out over a year ago. He has enlisted in the marines and will be shipped out the 20th of this month. I recently got proof of a girlfriend that he has had atleast 2 months now. We can't file for dissolution until baby is born but is there some kind of paperwork that can be filed in regards to custody/visitation to protect my son before the dissolution can be handled. I was told I can't just file a seperation agreement so is there any other options that someone might be able to tell me about. I haven't had any luck finding a local lawyer who will talk to me for free about the case and Legal Aide takes 12 months on the waiting list. I just want visits and custody stated so that he can't just take off with our son when ever he feels like it (he has made comments about taking the kids to his moms in Arizona). Since he will be gone for most of 4 years not sure when the dissolution will be final so I need to protect myself and my son as soon as possible. I still want his dad to see him when he is in town as that is his father just don't want him taking him out of the county I live in during visits and want custody established so he has to bring him back.
 


nextwife

Senior Member
Certainly file for divorce, CS and custody. But when custody/visitation is established, only a Judge can decide that Dad cannot have his kids visit with him out of the county. And a judge is not likely to require all visits in county for your older son, and any geographic visitation restrictions for the baby will be for the short-term. Especially in a divorce. As a matter of fact, if dad is living away, it is likely that eventually your child will be spending any extended visitations at Dad's place (as long as Dad can arrange escort for him while he is too small to travel alone).
 
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oneontheway

Guest
RE:visitations

I know that I have seen it in several peoples visitation agreements (if agreed upon by both parties I am guessing) where it states NCP can't go a certain milage away from the county courthouse. My cousins states 50 miles but I have seen some say 10 or 20 miles. My husbands apartment is about 30-45 minutes away from mine so I would just want it so that is as far as he could go but not sure on how many miles that would be but I do plan to bring that up in what I would like to see happen. However since he is going into the military and won't actually have a "home" for awhile I don't think I would like the idea of him just taking our son anywhere he wants to and me not be able to know where they are or have a way to get a hold of him if I had to so I would like to specify that but again I haven't found any options as to what I can do before any other paperwork is filed since I can't file for divorce until the baby is born. What kind of visitation is required right now since even on Marine paperwork we are married and living at the same address (even though he moved out over a year ago)? I just need to know if I can tell him to visit with his son at my home since I am still his wife in every sense of the word and we are suppose to be living at the same home anyways. After the divorce will be a different story but my son will be more use to the situation by then although he has never liked his father living with us just visiting and he doesn't want to be with his dad for extended periods of time (neither does my stepkids) so I just want to make sure I fight for what my son needs and deserves which is time with his father without problems or girlfriends involved.
 

nextwife

Senior Member
So you want your STBX to never be able to take your son to an amusement park, a state park, an air show, a state fair, a kids concert UNLESS it is within 35 or so minutes of YOUR house? Even on his weekends? To never be able to take his son to visit any aunts/uncles/grandparents who are not closer than 30 or so minutes from YOU? On his visitation time? We have members here whose court orders have their kids crossing the country to visit dad at dad's place. You can ask for it, but don't be surprised if a judge does not agree. Dad should be allowed to drive more than 10 minutes away from his house to do things with HIS child during HIS visitation time.
 

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