Ohio - Mom moves to KY - Legal?

[mcwjjm]

What is the name of your state? Ohio. Just found out my 10 yo son and his mother moved to KY. I have no visitation order, just pay child support. Is she in violation by moving him out of state or what? What's my next move, file a restraining order? Thanks in advance.

 

[Zephyr]

What is the name of your state? Ohio. Just found out my 10 yo son and his mother moved to KY. I have no visitation order, just pay child support. Is she in violation by moving him out of state or what? What's my next move, file a restraining order? Thanks in advance.

are there any custody orders at all?

when did they move?

 

[mcwjjm]

are there any custody orders at all?

when did they move?

No. She just left a phone message. I believe they moved in the last few days.

 

[Humusluvr]

What is the name of your state? Ohio. Just found out my 10 yo son and his mother moved to KY. I have no visitation order, just pay child support. Is she in violation by moving him out of state or what? What's my next move, file a restraining order? Thanks in advance.

Were you ever married to mom? Is there a divorce decree?

If not and there is no child custody/visitation order, then you are most likely out of luck.
Sorry.

 

[mcwjjm]

Were you ever married to mom? Is there a divorce decree?

If not and there is no child custody/visitation order, then you are most likely out of luck.
Sorry.

No, we were never married. Thanks.

 

[LdiJ]

No, we were never married. Thanks.

OH to KY could be 10 minutes across a bridge or 8 hours from northeastern OH to southwestern KY.

Please be specific about that to get accurate advice.

 

[Just Blue]

No. She just left a phone message. I believe they moved in the last few days.

First thing tomorrow go to the jurisdictional court and file an emergency motion for custody and the child to be returned to Ohio.

 

[Just Blue]

Were you ever married to mom? Is there a divorce decree?

If not and there is no child custody/visitation order, then you are most likely out of luck.
Sorry.

He is not out of luck. He can file for the return of the child.

 

[Just Blue]

OH to KY could be 10 minutes across a bridge or 8 hours from northeastern OH to southwestern KY.

Please be specific about that to get accurate advice.

It doesn't matter if it is 10 min away or 8 hours...He would be foolish to allow the child to be moved out of state. If he were to allow the move then the next time Mom wants to move away (perhaps to Cali) he would have nothing to contest. Out of state is out of state.

 

[LdiJ]

It doesn't matter if it is 10 min away or 8 hours...He would be foolish to allow the child to be moved out of state. If he were to allow the move then the next time Mom wants to move away (perhaps to Cali) he would have nothing to contest. Out of state is out of state.

That is a valid point, but a judge's reactions to moves can vary greatly if the move is within an accepted/established "community". The East and Midwest is full of those. Even the west and south have quite a few as well. It blew my mind when I visited Lake Tahoe and people on one side of a street lived in CA and people on the other side of the street lived in Nevada.

So it honestly does make a difference.

 

[Just Blue]

That is a valid point, but a judge's reactions to moves can vary greatly if the move is within an accepted "community". The East and Midwest is full of those. Even the west and south have quite a few as well.

So it honestly does make a difference.

Your other post made it seem as if the distance was relevant to whether he filed...Which it isn't.

It MAY be relevant to a judge granting the move...but since the CP moved without notifying Dad or the court a judge may be very pissed.

 

[mcwjjm]

OH to KY could be 10 minutes across a bridge or 8 hours from northeastern OH to southwestern KY.

Please be specific about that to get accurate advice.

Good point. I'm in central Ohio. I have no idea where in KY they are.

 

[LdiJ]

Your other post made it seem as if the distance was relevant to whether he filed...Which it isn't.

The distance isn't relevant as to whether or not he files, but its relevant as to whatever he hopes to accomplish.

 

[Just Blue]

Your other post made it seem as if the distance was relevant to whether he filed...Which it isn't.

The distance isn't relevant as to whether or not he files, but its relevant as to whatever he hopes to accomplish.

Perhaps he wishes to accomplish his child being returned home?

Gee...If my child's father moved my DD to NH (30 min from my house) I would be at the court in a heart beat. It is important for custody matters to STAY in-state...Plus OP's ex DIDN'T NOTIFY him. Thats a biggy...and you know that. I really don't know why you would be so discouraging to the OP.

 

[Just Blue]

mcwjjm, Please turn on your P.M.'s.