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I'm Beginning to Get Really Nervous....

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Bloopy

Senior Member
Unless I misunderstood, she doesn't have to wait 6 months if baby is born in Ohio? I believe OG said if baby was born in Ohio, that Ohio had jurisdiction.
Oops

If the baby is born in Ohio then Ohio will automatically have jurisdiction over custody and child support issues. Hence Ohio will also have jurisdiction over the costs associated with pregnancy.
Help me out
.
Ohio birth certificate means she can file in Ohio. No questions asked

If Dad squawks, it would be easy to prove that Mom was living in Texas per her employment, driver’s license. Hum is not currently a legal resident of Ohio.

Does that matter?
 
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wileybunch

Senior Member
I have to admit this plan makes me a little nervous, too, b/c it's like forum shopping and why the residency requirement is there in the first place for divorces, etc. It seems that dropping out a baby in OH, going back to TX for a while, then back to OH and filing for everything there b/c that's the state that issued birth cert may be seen as trying to circumvent the proper jurisdiction. OG has given her input, though, and seems to think this plan is good, but I just think maybe humuslvr should lay her whole plan out with timelines and make sure OG still thinks it smells good before counting on it.

Being ignorant of the law tends to make me more paranoid than I would be otherwise so if it's just me, you all can ignore me. :p
 

TinkerBelleLuvr

Senior Member
But that she is going to Ohio where someone can help take care of her is a good thing. Remember that she's like 2.5 hours from the hospital if she stays in Texas. On top of that, she is a high risk pregnancy with bed rest. Whether it is forum shopping or not, it is in the BEST INTEREST of both the mother and fetus to be taken care at this juncture.

Yes, it is forum shopping to a certain degree. But who would want to be stuck in a forsaken area so that a father "MIGHT" parent their child. If he was so concerned, I would think that he might try to facilitate the mother in staying in Texas.
 

Bloopy

Senior Member
But that she is going to Ohio where someone can help take care of her is a good thing. Remember that she's like 2.5 hours from the hospital if she stays in Texas. On top of that, she is a high risk pregnancy with bed rest. Whether it is forum shopping or not, it is in the BEST INTEREST of both the mother and fetus to be taken care at this juncture.

Yes, it is forum shopping to a certain degree. But who would want to be stuck in a forsaken area so that a father "MIGHT" parent their child. If he was so concerned, I would think that he might try to facilitate the mother in staying in Texas.
I think it's a great idea to have the baby in Ohio. I don't think anyone faults her for that.
That being said, he could make a stink.
 

jaxpink

Member
HIs family and his other child's mother in Texas have called me and harrassed me (think jaxpink.... arg.....) and I don't do drama.



Well thanks Hums**************


Might I add I myself went through harassing calls, emails, and plenty of accusations...but I was not pregnant nor the childrens mother... This was the childrens mother, and her family and It can be very frustrating. And I never did drama, but after a year and a half of that crap i finally has my own **** to say..
And I can only imagine the added stress to your pregnancy cuz of those things.. :(

I hope that if thats behind you (them) you and Dad can work something out.

Just a note.. Sorry if i was an ass previously.
 
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wileybunch

Senior Member
But that she is going to Ohio where someone can help take care of her is a good thing. Remember that she's like 2.5 hours from the hospital if she stays in Texas. On top of that, she is a high risk pregnancy with bed rest. Whether it is forum shopping or not, it is in the BEST INTEREST of both the mother and fetus to be taken care at this juncture.

Yes, it is forum shopping to a certain degree. But who would want to be stuck in a forsaken area so that a father "MIGHT" parent their child. If he was so concerned, I would think that he might try to facilitate the mother in staying in Texas.
But, that's just for the birth and then she plans to return to TX and finish out her teaching contract (or something like that) so will be living back in TX and earning an income there (and ostensibly taking care of herself and the baby).
 

casa

Senior Member
But, that's just for the birth and then she plans to return to TX and finish out her teaching contract (or something like that) so will be living back in TX and earning an income there (and ostensibly taking care of herself and the baby).
And then if anything happens after she moves back to TX...How will OH retain Jurisdiction when NEITHER parent lives there?
 

LdiJ

Senior Member
But, that's just for the birth and then she plans to return to TX and finish out her teaching contract (or something like that) so will be living back in TX and earning an income there (and ostensibly taking care of herself and the baby).
I didn't take it that way. I took it that she would come back just to finish up the paperwork...like for a week or less. If I misunderstood that, and she intends to remain in TX for a month or more, I could understand your concern.

However, the baby will not be residing in TX for the necessary six months for the baby to establish residency there.

Yes, it hints of forum shopping, but she does intend to live in OH, its in the best interest of her pregnancy and the baby for the baby to be born in Ohio, and the trip back to TX may be a very short one just to tie up loose ends.
 

Ohiogal

Queen Bee
Unless I misunderstood, she doesn't have to wait 6 months if baby is born in Ohio? I believe OG said if baby was born in Ohio, that Ohio had jurisdiction.
If the baby is born in Ohio and mom is living there then the baby is an Ohio resident. HOWEVER, there is an argument to be made that if mom has a job in texas then her domicile remains in TX and she is visiting Ohio. It is an argument and not necessarily a strong one. Ohio however would still win a jurisdiction battle as long as mom remains LIVING in Ohio and shows an intent to remain there.
 

Humusluvr

Senior Member
But that she is going to Ohio where someone can help take care of her is a good thing. Remember that she's like 2.5 hours from the hospital if she stays in Texas. On top of that, she is a high risk pregnancy with bed rest. Whether it is forum shopping or not, it is in the BEST INTEREST of both the mother and fetus to be taken care at this juncture.

Yes, it is forum shopping to a certain degree. But who would want to be stuck in a forsaken area so that a father "MIGHT" parent their child. If he was so concerned, I would think that he might try to facilitate the mother in staying in Texas.
Absolutely correct Ginny - I would still go to Ohio even if they said I had to go back after the birth/recovery and live there forever - it is safer to have someone taking care of me and the baby and to be close to the hospital.

I don't care where I file - I'm not looking to screw over the dad. When we agreed in an email to share all the birth expenses 50/50 - it doesn't matter if Ohio says he pays 100%, I will still honor my word.

I'm just so thankful that I found out about the cap on my out-of-pocket - it gave me such peace of mind.
 

Humusluvr

Senior Member
If the baby is born in Ohio and mom is living there then the baby is an Ohio resident. HOWEVER, there is an argument to be made that if mom has a job in texas then her domicile remains in TX and she is visiting Ohio. It is an argument and not necessarily a strong one. Ohio however would still win a jurisdiction battle as long as mom remains LIVING in Ohio and shows an intent to remain there.
Absolutely - I'm staying. I just need to turn in a gradebook and clean out a classroom after the kids are done for the year.
 

wileybunch

Senior Member
What a mental picture :)
Hehe. I will hope for you it is as simple as that!

If you leave TX to go to OH for the birth and give up your residence in TX and only go back to do desk-cleaning afterward for a bit, then I take back my concern. Somehow I got it in my head you were finishing up the school year so I'm thinking June and that you were only going to be in OH for a short time in Feb for the birth. Never mind me! :)
 

Humusluvr

Senior Member
Hehe. I will hope for you it is as simple as that!
Bless you, me too!!!

If you leave TX to go to OH for the birth and give up your residence in TX and only go back to do desk-cleaning afterward for a bit, then I take back my concern. Somehow I got it in my head you were finishing up the school year so I'm thinking June and that you were only going to be in OH for a short time in Feb for the birth. Never mind me! :)
Yes, this is the plan!
 

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