Legal Question in Family Law in Ohio
Parental Abandonment
My ex-husband and I share custody. He recently told the court he was moving to New Mexico (we are in OH). I found out that he is in Georgia on my own. He has had no contact with the two children 7 and 5 since Feb 09. He did not contact them on their birthsays or when one was hospitalized. He does not pay his child support and says he will not utilize his visitation ever again. He has a new wife and daughter and claims he is a first time father. Can I resonably ask the court for sole custody again as I have had it in the past?
2 Answers from Attorneys
Re: Parental Abandonment
Sole custosdy is one option. Actually there are several possibilities depending on issues you have not conveyed. Feel free to contact me to discuss further if you wish. Ed Dicato
Re: Parental Abandonment
You can request a change in custody (what is called 'parental rights and responsibiities') based on a substantial change in circumstance. Your situation may fit this requirements. This will not relieve the father of his child support oblitations. You should consult with an attorney.