Iwant to move to another state with my son

[lisa198024]

What is the name of your state? Ohio
Me and my boyfreind broke up a month ago and i'm wanting to move to S.C to live with my father.He is going to help me get things together.We have a 8 month old baby.He has not been over to see the baby.he called me once and didnt even ask about the baby.he told me about 2-3 months ago to do what i had to do.but now i'm afraid that the time has come for me to laeve he is going to change his mind can i get in trouble if i leave state.we have no custody order and were never married.

 

[casa]

What is the name of your state? Ohio
Me and my boyfreind broke up a month ago and i'm wanting to move to S.C to live with my father.He is going to help me get things together.We have a 8 month old baby.He has not been over to see the baby.he called me once and didnt even ask about the baby.he told me about 2-3 months ago to do what i had to do.but now i'm afraid that the time has come for me to laeve he is going to change his mind can i get in trouble if i leave state.we have no custody order and were never married.

I hate to sound harsh, but have you done a search re; moving out of state on the forum? There are so many...it's such a commonly reocurring question.

Check OH Family Law Code online re; move aways. Give the appropriate notice as outlined there. If you do not and 'IF' the father fights it, you will have to travel back to OH for all hearings and court proceedings. Penalties rang from a slap on the wrist to fines, to losing custody. Most states require you demonstrate to the court how the move will benefit the child (not you- but the child).

Have you discussed this with the father? If you can get his consent, that is the path of least resistance.

 

[Phnx02]

I hate to sound harsh, but have you done a search re; moving out of state on the forum? There are so many...it's such a commonly reocurring question.

Check OH Family Law Code online re; move aways. Give the appropriate notice as outlined there. If you do not and 'IF' the father fights it, you will have to travel back to OH for all hearings and court proceedings. Penalties rang from a slap on the wrist to fines, to losing custody. Most states require you demonstrate to the court how the move will benefit the child (not you- but the child).

Have you discussed this with the father? If you can get his consent, that is the path of least resistance.

Wrong. Since you two were not married and have no custody orders, you automatically have full custody as giving birth to the child. You can move anywhere you want and do not have to get his permission, do not have to demonstrate any benefits (for the move), or be worried about any penalties for doing so. The above conditions may only apply when there's already a custody order in place.

Once you get to your new residence, you should immediately file for custody and child support. This is important for a couple of reasons. 1) This will establish SC as having jurisdiction over any future proceedings concerning the child. If your ex ever wants to take you to court for custody or visitation, the hearings will be held in SC. He will have to travel to your state instead of vice versa. 2) You want legal custody filed with the courts so if your ex ever takes the child back to IN, and decides not to return him, you'll have proof of custody and SC has jursidiction to help get him back.

 

[casa]

Wrong. Since you two were not married and have no custody orders, you automatically have full custody as giving birth to the child. You can move anywhere you want and do not have to get his permission, do not have to demonstrate any benefits (for the move), or be worried about any penalties for doing so. The above conditions may only apply when there's already a custody order in place.

Once you get to your new residence, you should immediately file for custody and child support. This is important for a couple of reasons. 1) This will establish SC as having jurisdiction over any future proceedings concerning the child. If your ex ever wants to take you to court for custody or visitation, the hearings will be held in SC. He will have to travel to your state instead of vice versa. 2) You want legal custody filed with the courts so if your ex ever takes the child back to IN, and decides not to return him, you'll have proof of custody and SC has jursidiction to help get him back.

Phx~ Aside from giving advise to the left of morality

Why don't you quote some OH law re; paternity &/or move-aways (or do you somehow know paternity was not established since OP didn't clarify one way or another)........or better yet, establishing residency in SC? And then give the Pros & Cons so we don't have this poster back in a few months singing "Woe Is Me".

 

[Phnx02]

Phx~ Aside from giving advise to the left of morality

Why don't you quote some OH law re; paternity &/or move-aways (or do you somehow know paternity was not established since OP didn't clarify one way or another)........or better yet, establishing residency in SC? And then give the Pros & Cons so we don't have this poster back in a few months singing "Woe Is Me".

Casa: What is wrong with you? The minute someone doesn't agree with what you have to say, you throw out character assasinations and claim you're the smartest person on earth. I won't quote a state law if I don't know it. Contrarily, you'll quote a state law when it doesn't even apply to the situation....appparently to try to show some type of superiority.

Your response to the OP was totally meaningless to her individual situation. Those conditions and/or repercussions MAY only apply if she already had a custody or visitation order in place. My assumption of non-paternity was based on the fact that she said they weren't married and there wasn't an existing custody or visitation order. In order to have a legal custody or visitation order, legal paternity must be first established. Not to mention, I addressed the "Pros" of establishing jursidiction in the state she's moving to......which you absentmindidly overlooked.

Why don't you just go away?

 

[stealth2]

What BOTH of you should have done is ask OP the salient question(s) before making assumptions.

(a) Do you know if paternity has been established?

and/or

(b) Is there a support order?

Or at least included how that information would affect her ability to move the child out of state. Casa at least suggested OP research moveaway law for OH instead of giving a blanket statement that only provided part of the answer.

OP... If paternity has been established in any way (be it via DNA test, Affadavit of Paternity, support order, etc), then jurisdiction is currently in OH, and Dad will have the right to contest your moving the child out of state. Your BEST bet would be to take care of this before you move. At the very least do some research into OH statutes and consider a consultation with an attorney to make sure all of your t's are crossed and i's dotted.

 

[casa]

Casa: What is wrong with you? The minute someone doesn't agree with what you have to say, you throw out character assasinations and claim you're the smartest person on earth. I won't quote a state law if I don't know it. Contrarily, you'll quote a state law when it doesn't even apply to the situation....appparently to try to show some type of superiority.

Your response to the OP was totally meaningless to her individual situation. Those conditions and/or repercussions MAY only apply if she already had a custody or visitation order in place. My assumption of non-paternity was based on the fact that she said they weren't married and there wasn't an existing custody or visitation order. In order to have a legal custody or visitation order, legal paternity must be first established. Not to mention, I addressed the "Pros" of establishing jursidiction in the state she's moving to......which you absentmindidly overlooked.

Why don't you just go away?

I'm not sure you are posting to the right person- since I have rarely ever quoted state laws.

The OP indicated she was with the father until one month ago- the baby is 8 months old, it's highly possible the father acknowledged paternity at the birth. Of course Stealth is right, neither of us know for sure one way or another.

As for your request to go away- No Thanks.

 

[Whyte Noise]

It should also be noted that the OP can't "immediately" file anything in SC in regards to custody or visitation as was previously suggested. In order for SC to have jurisdiction the child has to be in the state for the 6 months preceding the filing of any motions. A state can not issue a valid, original custody order unless they have "home state" jurisdiction to do so. Under UCCJEA, a state doesn't have home state jurisdiction unless the child has lived in that state for the 6 months before the motion was filed.

 

[stealth2]

Good catch, MG!

 

[casa]

It should also be noted that the OP can't "immediately" file anything in SC in regards to custody or visitation as was previously suggested. In order for SC to have jurisdiction the child has to be in the state for the 6 months preceding the filing of any motions. A state can not issue a valid, original custody order unless they have "home state" jurisdiction to do so. Under UCCJEA, a state doesn't have home state jurisdiction unless the child has lived in that state for the 6 months before the motion was filed.

I mentioned it, but it miffed another poster