Ohio - Mom moves to KY - Legal?

[mcwjjm]

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

Done. Thanks in advance.

 

[Ohiogal]

File tomorrow in your county to establish paternity/custody/visitation. Was that the same county the child resided in? Once you file also ask that the child be returned to said jurisdiction until the court determines those issues.

 

[LdiJ]

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.

Since he is in central Ohio, the possible scenario I envisioned doesn't apply.

 

[mcwjjm]

Update

I spoke with mom and son last night. Previously she had just left two messages and the cell number for her BF in KY was no longer active. According to her she has not moved yet but plans to in two weeks. She's moving in with her BF in Petersburg which is in N. Kentucky. She said she plans on being in Columbus on a regular basis to see her family and so that I can have my son on our weekends - we'll see. Sorry about the confusion, but based on her phone messages she made it appear she had already moved.

I haven't decided exactly what I want to do but I will file to establish paternity / visitation. Thanks again.

 

[LdiJ]

I spoke with mom and son last night. Previously she had just left two messages and the cell number for her BF in KY was no longer active. According to her she has not moved yet but plans to in two weeks. She's moving in with her BF in Petersburg which is in N. Kentucky. She said she plans on being in Columbus on a regular basis to see her family and so that I can have my son on our weekends - we'll see. Sorry about the confusion, but based on her phone messages she made it appear she had already moved.

I haven't decided exactly what I want to do but I will file to establish paternity / visitation. Thanks again.

That's about 200 miles. Don't count on mom living up to any informal agreements about every other weekend with that distance. That's going to get old and expensive for her, pretty quickly.

You do need to get your rights legally established.

 

[Zephyr]

That's about 200 miles. Don't count on mom living up to any informal agreements about every other weekend with that distance. That's going to get old and expensive for her, pretty quickly.

You do need to get your rights legally established.

yep- do as OG suggested ASAP

 

[nextwife]

Agreed. Let her BF move there.

 

[mcwjjm]

Update

After the mom telling me "they are in Columbus" when I talked to her on Monday I learned today from my son that they have actually been in KY since the weekend after his school let out [June 6th]. Still, not sure if she'd actually move her belongings down there. That explains why she wanted "to spend more time with him" the past 4 weeks.

 

[Humusluvr]

After the mom telling me "they are in Columbus" when I talked to her on Monday I learned today from my son that they have actually been in KY since the weekend after his school let out [June 6th]. Still, not sure if she'd actually move her belongings down there. That explains why she wanted "to spend more time with him" the past 4 weeks.

So did you do what Ohiogal suggested?

File tomorrow in your county to establish paternity/custody/visitation.

You are going to run out of time if you don't act quickly. If this means something to you, then get on the ball NOW!

 

[mcwjjm]

So did you do what Ohiogal suggested?

You are going to run out of time if you don't act quickly. If this means something to you, then get on the ball NOW!

I printed the "Complaint for Custody" paperwork and will file today. I realize it's in my best interest to respond quickly but is there a specific time limit or is this just another factor the court will consider [her time out of state or my response]? Thanks.

.... file an emergency motion for custody.

I'm assuming this is another form and in addition to the "Complaint for Custody" paperwork and should be filed at the same time? Let me track that form down...

 

[Humusluvr]

I printed the "Complaint for Custody" paperwork and will file today. I realize it's in my best interest to respond quickly but is there a specific time limit or is this just another factor the court will consider [her time out of state or my response]? Thanks.

I'm not sure if there is a legal time limit, but in the eyes of the judge - can't you see how waiting would look? If you file within one or two days of learning that she left (or is leaving) then it looks (to the judge) as if this matter is COMPLETELY UNACCEPTABLE to you and is truly an emergency.

If you wait a few weeks, or 30 days - Where's the emergency? Where's the importance of the matter? You could have watched 4 full weeks of Law and Order by then, and then got up and decided to file. Not very "emergency" looking, see?

I'm assuming this is another form and in addition to the "Complaint for Custody" paperwork and should be filed at the same time? Let me track that form down...

PM Ohiogal - she is great at finding Ohio forms.

Best of Luck!

 

[mcwjjm]

I'm not sure if there is a legal time limit, but in the eyes of the judge - can't you see how waiting would look? If you file within one or two days of learning that she left (or is leaving) then it looks (to the judge) as if this matter is COMPLETELY UNACCEPTABLE to you and is truly an emergency.

If you wait a few weeks, or 30 days - Where's the emergency? Where's the importance of the matter? You could have watched 4 full weeks of Law and Order by then, and then got up and decided to file. Not very "emergency" looking, see?





PM Ohiogal - she is great at finding Ohio forms.

Best of Luck!

Agreed, and thanks.

 

[Ohiogal]

Make sure you have the UCCJEA parenting affidavit to attach to the complaint for custody. Also you will need to file a complaint for paternity since you two were not married and on said complaint you will need to fill that out. What county are you in? You can PM me is you like.

 

[Isis1]

i had one question. Are you looking for custody of the child?

there are different scenario's that could occur at this hearing. so you should be prepared for them.

mom could be ordered back with the child on a temp basis until the matter is reveiwed more properly.

mom could be granted the move away, and you will have to come up with a long distance parenting plan. if mom agrees to travel the 200 miles on your weekends, get it in the orders.

mom could refuse to move back against the judge's order and if you are moving forward for full custody, be prepared to argue the best interest of the child. mom moved away, she should absorb transportation costs. have a reasonable co-parenting visitation plan for mom.

there are other scenarios, i'm sure the seniors will come up with more.

did you get any indication mom would show up for the hearing?

 

[mcwjjm]

i had one question. Are you looking for custody of the child?

Yes. Mom is in town now [moving Monday], son has spent the last 5 days with me. I don't believe she has received the serving papers yet. I'll ask her later today for their address in KY [she has no phone service in Cols]. When I dropped off my son last weekend [in Cols] we talked about "meeting halfway" for my bi-monthly weekends with him. I agreed to this but my much bigger concern in having him reside in town so I can monitor and respond to his academic and psychologicial needs [sees psych in Cols]. This would be very difficult to do should he move. EX: I often get calls from the schools asking why he isn't in school because the mom hasn't called them, doesn't have a workiing phone or chooses not to answer. He missed 15+ days last year with 27+ tardys.