Legal Question in Family Law in Ohio
Ex lives across country in seattle wa. i was awarded custody in ohio. she's threatening to not send 15 yr. old child back after summer visitation. does she have to come here to change custody?
1 Answer from Attorneys
In Ohio, once there is an Ohio Court Order determining who has custody, this state (naturally) and other states (though an Interstate Compact) will honor valid court orders from other states. She would have to come here to move this court for a change of custody. If she does not return the child from Washington, then you might have to go out there, find an attorney to open up a parallel case to enforce the Ohio Court order, and the authorities out there will get the child and return him/her to Ohio. You would then want to move the Court here for a change in the custody order to reflect that she would only get supervised visitation given her inclination to disregard the court's orders. You could also bring contempt of court charges against her here for refusing to follow the court orders.
Where it gets dicey is when she argues that the child does not want to go back and there is no way for her to force an almost adult onto a plane. But while that might be a defense (of impossibility to comply) to the contempt proceeding you might bring, it would have no effect upon the order in place until someone sought to change it and persuaded the court that the change would be in the best interests of the child.