Legal Question in Family Law in Ohio

Leaving State with Child

I pay child support and see my son on a regular basis. When the mother of my son gets mad, she threatens that shes gonna pack her stuff and move to another state with my child. I've heard she can't legally do that without my written consent in the court system. Is that true and if she takes off with him, without my permission, what can I do? Please help. Thank you.


Asked on 4/19/04, 12:30 am

1 Answer from Attorneys

Stephen Daray Sciangula & Daray

Re: Leaving State with Child

If your agreement only requires that she file a �notice of intent to relocate� than she can go as soon as she files it and there will be nothing you can do. Bye, bye kid. When I say �as soon as she files a notice of intent to relocate�, I mean that she can file it on her way to the airport. I suggest reading your court paperwork and determining if that is indeed the case. That�s why you paid a lawyer in the first place so as to avoid this mess. Your agreement might say otherwise and restricts her movement from the county or the state. But let�s face it, if she wants to take off to the other end of the state that�s a five hour drive one way. Again, I suggest reading the paperwork. Unless your paperwork is poorly drafted, it will either require a notice of intent to relocate or a residency restriction. It is very common to only require a notice of intent to relocate so don�t blame your lawyer of it does. However, I require most of my client�s custody agreements to require residency restriction. Look at your paperwork and good luck. If you see your kid regulary, courts are pretty cool with putting a residency restriction in place. Good luck. Steve Daray.

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Answered on 4/19/04, 10:02 pm


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