Legal Question in Family Law in Ohio

divorced mother wants to leave Ohio for NJ. has 100%custody

divorced mother with 100%custody of child wants to leave Ohio for NJ. Does she

need ex husband's approval


Asked on 1/12/07, 7:21 pm

2 Answers from Attorneys

Antoinette Wooten The Wooten Legal Consulting, PC

Re: divorced mother wants to leave Ohio for NJ. has 100%custody

Is this matter dealt with in your divorce decree?

The father will probably argue that the move may be an undue hardship on him if the child visits him for extended periods of time, such as weekends and holidays.

Antoinette M. Wooten

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Answered on 1/12/07, 9:30 pm
Marc Nehmad Sadek Law Offices

Re: divorced mother wants to leave Ohio for NJ. has 100%custody

Ms. Wooten,

The short answer is that you are going to need approval from your ex-husband if you are going to be leaving the State of Ohio. I caution that I am not licensed in Ohio and therefore can not give advice regarding the law in that State. In New Jersey if you want to leave the State and the child's non-custodial parent does not consent there is a several factor inquiry that the court considers to determine if it is in the best interest of the child to leave the State.

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Answered on 1/15/07, 9:46 am


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