Legal Question in Family Law in Louisiana
In March of 2009, my ex husband and I divorced. We share 2 minor children who resided with myself in the state of Ohio where both were born and had always lived, and my ex and I had shared parenting. About a year later, I wanted to relocate to Louisiana to be with and marry my fiance at the time, now husband. In 2010, I took my children to their father for their summer time visitation, at which time he filed motions with the courts to stop the children from leaving the state of Ohio, and he won. We continue to have shared parenting, both of us have been named as the "residential parents" with him being the residential parent for purposes of school enrollment, keeping them in Ohio during the school year except on extended vacations from school. That judgement took place on January 3, 2011. Since then, my ex husband has been investigated for child abuse and has even verbally admitted over the phone to me some of the abuse that has taken place. Currently, my children are here in Louisiana visiting with me and my husband, whom they had voiced to their guardian ad lidem that they wanted to stay with me and leave Ohio. Their ages at that time were 8 and 6. My children have talked with me after talking on the telephone with their father one evening last week, and voiced that they are both afraid of going home, because daddy hits, and step mom hits. My son acts out in school behavioraly, he voiced to me that he does this in hopes that, "Daddy might get mad enough to send me home", "I just wanna come home to you mommy". He is now age 7, my daughter is age 8. I don't know what to do!! They are afraid for their safety. My ex husband has verbally admitted to me on the phone how he took our son outside and pushed him down on the ground, and proceeded to rub his face in the dirt, because our son had done that to a little boy at school, and he wanted him to see how that little boy had felt. Because we are both named as the residential parent, and I have now resided in Louisiana for over a year, does that make my children residents of Louisiana, and Ohio at the same time? Please! Tell me how I am to keep my children safe from a father whom they fear, when I have to take them back to that father per court order, on August 10th, 2011? Your urgency on this matter is greatly appreciated as I am losing time quickly.
1 Answer from Attorneys
Ohio has jurisdiction over the custody matter. You must file there. Consult an Ohio lawyer.