Legal Question in Family Law in Ohio

My daughters mother wants to move out of state with my daughter. What can I do about it


Asked on 7/21/14, 11:13 am

1 Answer from Attorneys

Eric Willison Eric Eastman Willison

In Ohio, if there is a court order in place regarding custody and visitation, then that court order probably addresses what a parent seeking to move from the state of Ohio needs to do before doing so. Often these court orders require the party to seek permission from the court to move. Once permission is sought to move out of the state, the court will often rework its previous order regarding visitation and I have also seen courts rework the amount of child support that one party must pay to the other if the party moving from the state results in significantly higher travel costs.

But if you do not have a court order establishing your paternity with regard to the child or the children, nor any court order dealing with visitation and custody, and there's nothing you can do to keep the mother from moving out of state. You would have to go to the court and file a lawsuit to either establish paternity, or if you're married to the mother to file some sort of separation proceeding is determined by the court in the issue of the mother moving away require the court permission.

If the mother then violates the court order she can be found to be in contempt of court. Those found in contempt of court various types of sanctions, including but not limited to fines, awards of attorney's fees, and even jail time.

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Answered on 7/21/14, 9:00 pm


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