Legal Question in Family Law in Ohio

single mother wants to relocate

My daughter wants to move, possibly oout of state; but the father of her 4 month old son says she can not do that. His name is on the birth certificate and he does give her money, whenever he feels like it. He is only holding her up becausse his parents are making him, he never wanted the baby and he and my daughter only fight when they are together. He got mad when she listed him as the father, I wish she hadn't. Can she move where there is better employment and a chance for education without his permission?


Asked on 5/08/07, 6:58 pm

2 Answers from Attorneys

David Davies Law Office of David H. Davies

Re: single mother wants to relocate

Unless there has been an order from the Juvenile Court that restricts your daughter from leaving, she is free to do so.

I am going to assume that there has been no Juvenile Court action and no custody order. If that is true then it would be a good idea for your daughter to file a petition in the Juvenile Court to establish custody rights and support obligations. Without that, both mom and dad are on an equal footing. That means that Mom can take the child and leave the State-and so can the father! I do not know if the father ever visits the child or has the child alone. If the father has the child at his parents home and they talk him into keeping the child or moving out of State, there is really no legal restriction. Your daughter would have to go to the Juvenile Court for an emergency custody order and then try to get the child back.

Your daughter should talk directly to an attorney as soon as possible. There is no reason to have the custody issue in limbo. Visitation, support, and the residence of the child should be known factors.

Feel free to call if you have additional questions. I have been representing people in these matters for over 33 years and will be able to give you more information if you can answer a few questions for me.

Good Luck!

DHD

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Answered on 5/09/07, 11:59 am
Edward DiCato Edward DiCato Attorney at Law

Re: single mother wants to relocate

depends. Has there been any Court proceedings? Has support been established through the CSEA? Need more information.

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Answered on 5/08/07, 11:17 pm


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