Legal Question in Family Law in Ohio
I live in Ohio. I have sole custody of both my children(ages 4 & 5). Their father has visitation rights. He does not pay child support. He wants only a verbal agreement involvng the regards of when i choose for him to have our children. (Summer and every other holiday) I am making a move within the next few days to Florida for a career change, better education for my children and myself, and to be nearer to relative's. Question is, can I just up and move without giving the courts notice, or should I write a written notorised document stating I'm moving for the reasons above? And can I also choose when the father can receive them, since he is choosing not to sign any legal documents? Thank you.
1 Answer from Attorneys
In Ohio, there is usually a court order (either a divorce decree from a divorce court or an entry from a juvenile court if you were never married to the children's father) which sets out the rights of all the parties, child support, and the visitation schedule. If there is no court order, then you need to go get one by applying to the court for a divorce of for an entry from the juvenile court establishing paternity and support.
Once the court has spoken on this matter, it does not make any difference whether the children's father signs anything or not. He will be bound by the court's order and can be held in contempt of court (and jailed) if he does not follow the order.
If there is a court order, then you would likely need to request permission from the court to relocate the children to Florida. If there is no court order, then you are free to do what you wish regarding relocation. But it is better to have an order (so you can get support) and move to Florida.
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