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What is the name of your state? Ohio

Hello,

I am currently in a divorce. We have been married for 9 years and have a 2 and a half year old little princess. Our daughter was born extreme premature at 1 lb. and 11.5 oz. She has gone through alot in her life so far. She is doing good with the help of her doctor appointments and therapies. We moved to Ohio about 1 year ago. After moving here from Miami, Fl., she had her 2nd brain surgery here in Pittsburgh Childrens Hospital which went extremely well. The doctors were great.
With the rocky marriage already hanging on the edge, I thought that coming together to focus on our daughter would help out. Needless to say, she only used my love for my daughter to threaten me with taking her away from me! She told me that if we ever divorce that the courts would automatically give our daughter to her. And after they did, she would move. I told her that even if I had to live underneath of a bridge, I would move there too and walk to see my daughter every day so she knows Daddy loves her. She than said than she would just move again and keep moving and moving so she didn't have to live in the same place as I did. This made it very stressful for me.
Then my wife said that she wanted to fly back to Florida and see her cousin for 1 month. No way!!! I told her I cant be away from my daughter for that long and I ask her to only go for 3 weeks (still too long but I didn't want to be labled as a "controlling husband") and I told her that I would be talking to my daughter each and every day. Before going, she said that she wanted to also take a trip for a week to the Virgin Islands where her mom lives. Now, approximately 4 days earlier we just discovered our daughter was having small seizures and she started her new seizure medication. I said that I can live with her being In Miami for 3 weeks close to Miami Childrens Hospital but not on an island with a poor hospital which sends its critical patients to Puerto Rico and whose only airport closes at 9pm. I suggested either waiting until she was healthier and further out of the woods or lets just fly your mom up and I'll PAY FOR HER TRIP! Nothing else was said.
1 week into her "Miami" vacation during my daily phone call down to my daughter to tell her I miss her, love her and all that gushy stuff, my wifes cousin informed me that my wife had got onto a plane early in the morning with my daughter and headed to the islands. I than called her family in the islands to see where my daughter was and to inform them of her medical needs. I was shocked to see how they turned against me over the phone telling me that my child was my wifes child and she could take that baby wherever she wanted to. I than spoke to her young brother who told me that my daughter was not there.
At this point all I know is that my daughter is having seizures, 3 days into her new medication, and I dont know where the heck she is at. I was freaking out bad and immediately contacted an attorney and went to an appointment. The attorney informed me that it only takes 6 weeks (42) days to establish residency on that island! So I filed for divorce to get her back up here.
Now we are in the middle of our divorce and my wife said she is going for sole custody only because she doesn't want to live around here and she wants to take our daughter with her. My point is this...... My job is 3 on 4 off. I work Fri-Sun 12 hour shifts and that leaves me off Mon-Thurs. for all of my daughters appointments and therapies. I also make a decent wage with benefits. All of my daughters medical records are now here where we haved lived for the last year and a half. My daughters last brain surgery was just in Feb. right here and successful so her nuero-surgeon right here knows her best. Also, our daughter has all of my family here (this is where I'm originally from) who are involved with here treatment and she is attached to them now; they were even right there for here whole surgery and recovery. My wife is an accountant with a 4 year degree from Devry and a strikeing resume which includes accounting management.
QUESTION IS: BEING THAT MY WIFE OPENLY PLANS TO TAKE MY DAUGHTER AND ESTABLISH A RESIDENCE OUTSIDE OF THE STATE, DO YOU THINK THAT IT COULD HAPPEN? PLEASE ANYBODY RESPOND!!!
 


VeronicaGia

Senior Member
1. You need an emergency temporary order restraining the child to the state of Ohio. If you have signed for a passport for the child, find out how to revoke it (if possible).

2. YOu need to contact the doctors that performed the surgery on her to see if flying in an airplane could harm her at this point. Get anything in writing that can help.

3. You will need to get a permanent order stating that neither parent can move more than 100 miles away from the other parent with the child and that neither parent can move out of Ohio with the child.

4. You need a good attorney.

5. You should ask for sole legal and physical custody, but settle for 50/50 joint legal and physical custody.

6. If your wife tries to claim she is unemployed, ask the court to impute income to her based on what she could be making if she was working. This is for the child support calculation.

7. Another excellent website: www.deltabravo.net
 

Gracie3787

Senior Member
I completely agree with Veronica. Also, when it comes to going into court, be sure that your attorney knows everything about your wife taking your daughter away from her Dr.s the way she did, and apparently intends to continue doing. What she is doing is child neglect and it will actually work against her in court.
You sound like a loving Father and I wish you the best.
Gracie
 

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