Legal Question in Family Law in Ohio

I was given custody of my children by the courts

My ex took ill 2years ago and I was told he was dying,so I

let my children go live with him. it turns out he recovered and now that my 13 yearold daughter wants to come home (sons almost 18 going in service) he has contacted an attorny to get custody.He drives her to school and picks her up and I cant even talk to her by phone. If I go to Ohio and pick her up at school and bring her back to pa to live with me would I be in trouble with

the law.


Asked on 4/07/06, 1:57 pm

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: I was given custody of my children by the courts

Yes, you would be in trouble unless you had legal custody, and even then there would be issues. Do not just try to take the child.

If there is an existing custody arrangement you need to enforce that. If there is none then you need to establish one. In this case it will help to be the first person to the courthouse.

You can file for custody but this should probably be done in Ohio. Since the child has lived there for the last two years that is where the matter should be heard.

Unless there are substantiated allegations of neglect or some form of abuse the court will look at 1) where is the cild most likely to thrive, 2) the wishes of the child (where the child is of an age to make an informed choice).

In any case, your ex has no place in preventing you from seeing the child. My suggestion would be to work out a mutually acceptable partial custody arrangment, depending on what is acceptable to the child and the father.

Remember, the most important thing is the best interest of the child. Now go and look for an attorney in Ohio. I can provide a few recommendations if you'll contact me directly.

Regards,

Roger Traversa

email: [email protected]

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Answered on 4/07/06, 2:27 pm


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