can mother take child from home without legal authority

[vipers-pit]

What is the name of your state (only U.S. law)? Ohio

My wife has left us. she plans to take our son out of state before school starts. We have been married for 11 years and lived in Ohio for 6 years. Can she take our son out of the family home, school and state without any court order or even having filed for divorce? what order or ruling would she need to make such a move?

 

[mistoffolees]

What is the name of your state (only U.S. law)? Ohio

My wife has left us. she plans to take our son out of state before school starts. We have been married for 11 years and lived in Ohio for 6 years. Can she take our son out of the family home, school and state without any court order or even having filed for divorce? what order or ruling would she need to make such a move?

She can take the kids wherever she wants for a short period of time. However, in a divorce situation, if there is an appearance that she is trying to move the kids to another state, the court will not look favorably on it.

Your next step is to figure out what you want to do. If divorce is inevitable, you will want to make sure you file in OH before the kids become established wherever she moved them.

If you file for divorce in OH, then ask for an immediate order for the children to be returned to their home and for her not to be allowed to take them out of state. That order is granted fairly routinely.

Of course, if she has some really strong reason why the kids HAVE to move out of state, she is free to present that to the court. It would have to be a pretty strong reason, though. Even then, simply yanking them away from their home without court approval is going to reflect negatively on her and could impact the ultimate custody decision.

 

[Shay-Pari'e]

What is the name of your state (only U.S. law)? Ohio

My wife has left us. she plans to take our son out of state before school starts. We have been married for 11 years and lived in Ohio for 6 years. Can she take our son out of the family home, school and state without any court order or even having filed for divorce? what order or ruling would she need to make such a move?

Yes, so get to court.

 

[vipers-pit]

I do no not want a divorce. She said she will decide over the weekend, Our son is still in Ohio with me. The funny thing is, she has committed several affairs during our marriage, that I forgave her for. I have proof if it goes to court. I have raised our son 24/7 since birth. I took a night job so I could be with him. She says she wants divorced so she can have freedom to go out and party (her words). Yet she said she will take our son because "she carried him for nine months". I guess my raising him for 7 years means squat.

Again I don't want a divorce. I married for life. But I want to know my options if she decides to split. How long would she have to live in PA before she could file there?

thank you all.

 

[majomom1]

I do no not want a divorce. She said she will decide over the weekend, Our son is still in Ohio with me. The funny thing is, she has committed several affairs during our marriage, that I forgave her for. I have proof if it goes to court. I have raised our son 24/7 since birth. I took a night job so I could be with him. She says she wants divorced so she can have freedom to go out and party (her words). Yet she said she will take our son because "she carried him for nine months". I guess my raising him for 7 years means squat.

Again I don't want a divorce. I married for life. But I want to know my options if she decides to split. How long would she have to live in PA before she could file there?

thank you all.

If you let her take the child, she will establish status quo and the courts will presume that you agreed to mom having primary custody because you didn't act. And you will most likely have a long distance parenting agreement, with you having very reduced time.

Her affairs will not matter... Your 7 years will matter but only if you act now and do not allow the child to be removed from OH.

 

[mistoffolees]

I do no not want a divorce. She said she will decide over the weekend, Our son is still in Ohio with me. The funny thing is, she has committed several affairs during our marriage, that I forgave her for. I have proof if it goes to court. I have raised our son 24/7 since birth. I took a night job so I could be with him. She says she wants divorced so she can have freedom to go out and party (her words). Yet she said she will take our son because "she carried him for nine months". I guess my raising him for 7 years means squat.

Again I don't want a divorce. I married for life. But I want to know my options if she decides to split. How long would she have to live in PA before she could file there?

thank you all.

Typically, after 6 months in a new state, she can file there. But it's not a simple cut-off date. Let's say she has been there for 5 1/2 months and the kids have made friends and started school, etc. Even though Ohio would still have jurisdiction, the judge might decide that it's in the kids' best interest for them to stay in PA.

Whether you want a divorce or not is irrelevant. If she wants it, she'll get it - at least eventually. If you let her move to PA, you're going to have a harder time bringing the kids back.

What I would do is tell her that she can take all the time she wants to think about a divorce, but the kids are staying where they are. That's their home and she has no right to take them away from their father. I would then explain that if she moves them out of state (or even out of your county if your attorney so advises), you will immediately file for an emergency custody hearing for the kids to be returned (and the odds are that you'll get that - if there are no hidden parts to your story).

That puts it squarely in her hands. She can talk about divorce or even file for divorce, but the kids stay where they are. You need to establish the message that they're not solely her kids - that they belong to both of you.

But before doing anything, I would talk to an attorney.

 

[vipers-pit]

Why will the affairs not matter? The child is aware of them, and has been in the house when she had sex with one of the men. The last 3 men were and still are married, and have worked with her, so our son has been exposed to them.

I guess I need to be ready to jump monday. How much will I have to pay up front? Im on disability and my check goes into a joint account that she has control of, to pay bills etc.

 

[Isis1]

Why will the affairs not matter? The child is aware of them, and has been in the house when she had sex with one of the men. The last 3 men were and still are married, and have worked with her, so our son has been exposed to them.

I guess I need to be ready to jump monday. How much will I have to pay up front? Im on disability and my check goes into a joint account that she has control of, to pay bills etc.

unless she was having sex in front of the child, it doesn't matter. are you saying you and your wife never had sex while the child was in the house? and you know for a fact that is what happened? were you there?


as for your account, go open one seperately and have your payments rerouted.

 

[vipers-pit]

unless she was having sex in front of the child, it doesn't matter. are you saying you and your wife never had sex while the child was in the house? and you know for a fact that is what happened? were you there?


as for your account, go open one separately and have your payments rerouted.

Yes I was in the house with my son while she was in the basement. This is how I got video. my son was aware mommy was on one of her "dates".

I plan to open my own account. but will not get paid till the 3rd. I will need money on Monday to file. The ORC lists adultery as one of the main reasons for filing for divorce.

Either way is my case stronger if I file first? I can probably convince her to file in Ohio. but I will go for full custody or at least physical custody based on my having raised our son. And spousal support and continuation of medical coverage.

 

[Isis1]

it's a reason for divorce, not a reason of custody.

 

[Isis1]

Yes I was in the house with my son while she was in the basement. This is how I got video. my son was aware mommy was on one of her "dates".

I plan to open my own account. but will not get paid till the 3rd. I will need money on Monday to file. The ORC lists adultery as one of the main reasons for filing for divorce.

Either way is my case stronger if I file first? I can probably convince her to file in Ohio. but I will go for full custody or at least physical custody based on my having raised our son. And spousal support and continuation of medical coverage.

and you made sure son was aware?? are you serious??

 

[majomom1]

Yes I was in the house with my son while she was in the basement. This is how I got video. my son was aware mommy was on one of her "dates".

I plan to open my own account. but will not get paid till the 3rd. I will need money on Monday to file. The ORC lists adultery as one of the main reasons for filing for divorce.

Either way is my case stronger if I file first? I can probably convince her to file in Ohio. but I will go for full custody or at least physical custody based on my having raised our son. And spousal support and continuation of medical coverage.

Careful, that video may not be legal. You need to consult an attorney ASAP. As was stated, it is a reason to divorce but will have no bearing on custody, unless Mom is having sex in front of the child. You as well should be very careful what information is given to your son.

Filing first doesn't necessarily give you more advantages, but it will give you more than if you allowed her to leave the state with the child and then filed.

I agree with Mistle... Mom can do as she chooses but I think you should make sure the child stays in OH... that will help your case for physical custody, or primary, whatever they call it in OH.

 

[Shay-Pari'e]

I suggest looking up OP's postings.

 

[vipers-pit]

I did not "make" my son aware. kids pick up things very easy. I don't want to use the video. I don't want to hurt anyone. I made it to protect myself. I just find it strange that in other parts of the forum people are chastised for even spending time around the children while the marriage is still valued. but in this case, it has no bearing. I only brought it up to show a pattern that will more than likely continue if we divorce. How many "dads" come and go in front of my son, or worse yet she sticks him with a sitter while she parties. He has never been with a sitter EVER. My parents watch him when we plan something. He has never been away from me for more than 30 hours at a time.

where is ohiogal when i need her!!!!

 

[Isis1]

so then request the courts for no overnight guests of non family members during each parents parenting time when you do your motion. not an uncommon request.

there is nothing wrong with getting a sitter for your child. children adapt to them. some even enjoy them. i'd call it responsible parenting to leave the child with a capable sitter. shoot, if i knew sitter i'd probably head to a corner bar just to breathe some non kiddy air for a bit. nothing wrong with that.

and dad...it just looks and sounds odd that you are recording your wife having sex with other men. it doesn't do anything but hurt your own feelings.