Legal Question in Family Law in Ohio

May I Take My Children Out of State

Married for 13 yrs, 2 minor children. Husband has a drinking problem and I want to leave GA and move to OH to be with family. Was told to file for divorce in OH but must establish residency (6 mths) first. Am I legally able to take my children to Ohio without causing legal problems? At the moment, he is not fighting me on this, but I know that could change. Do not want to take a chance they would be placed in his custody. I'd like to leave GA within the next 2 days. Should I file for temporary custody, and if so where in GA or OH?


Asked on 4/29/03, 8:50 am

2 Answers from Attorneys
Frank Rozanc Frank J. Rozanc, Esq.

Re: May I Take My Children Out of State

As long as you're married, either of you can take the children wherever you want, whenever you want. If you file for temp. custody in GA, you might be restrained from leaving the state with the children. OH appears to be your best bet.

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Answered on 5/02/03, 1:51 am
Charles W. Field Charles W. Field, Attorney at Law

Re: May I Take My Children Out of State

Assuming your soon-to-be ex lives in GA, you must file in GA in order for the court to address all issues, like child custody, support, etc. On the other hand, if you file in OH, the ONLY issue that will be addressed is "Divorce". I.e., no custody, child support, etc. Prior to any court order, either parent can take the children anywhere.

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Answered on 5/05/03, 5:14 pm


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