Legal Question in Family Law in Ohio

Visitation

Okay, here goes. My husband and I have not lived together in ten years - ever since he decided he was in love with our neighbor. I left town when we split up and moved to Florida from Ohio. He moved in with her and their child was born about 7 months later. They split up a few months after that. We've never gotten a divorce because he just wants a dissolution and I deserve a divorce on the grounds that the whole time we were together he was physically and verbally abusive, couldn't work due to his alcoholism, and cheated about every couple months. I am extremely frightened of him, as he hasn't changed any. We have a son who will be 13 in December. I haven't gotten to see him for a holiday, birthday, Mother's Day - nothing but a few scattered visits over the last 10 years and I had to travel 1000 miles to see him. A year ago I moved back to the area and we agreed I could see him every other weekend. That happened twice and then nothing. Now he has moved to a new apartment and I don't even know his address or phone number. What can I do?


Asked on 8/06/03, 2:00 pm

2 Answers from Attorneys
Frank Rozanc Frank J. Rozanc, Esq.

Re: Visitation

You need to hire a PI to find him, as you can't divorce him if you can't serve him. It might be nice to move to Ohio, and file in 6 months, so the Ohio court can award you custody and child support.

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Answered on 8/06/03, 5:49 pm
Philip Owens Philip M. Owens, Attorney at Law

Re: Visitation

It seems that you should have obtained some legal advise many years ago. I cannot advise you on the particulars of Ohio law however generally, there is no difference what you call a process that ends the marriage- dissolution or divorce. There is a difference in a legal separation (approved by a Court) and a proceeding to end the marriage. You have let your husband control your life. You do not need an agreement from him to proceed. You need to seek the advise of local counsel. You will probably have to reside in Ohio for a set period of time before you can file. At the moment, he is a parent and if he decides to keep the child, he can. He is just as entitled to him as you are in most (probably all) states. Seek the advise of counsel.

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Answered on 8/06/03, 7:22 pm


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