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if a child lives in ohio during the school year with one parent, and the summers out of state with the other parent, does the out of state parent have to change their address with the courts if they move from one state to another(other than ohio)? Can the out of state parent still exercise their right to spend the summers with the child? If the out of state parent doesn't get their allotted time what can be done? links and sources will be very helpful, thank you

2007-07-23 10:00:07 · 7 answers · asked by mattdrew2002 2 in Politics & Government Law & Ethics

7 answers

Both parties should keep the court and the other party advised of their current address.

Unless the agreement has some sort of odd stipulation that the non-custodial parent much have visits in a specific state (a stipulation that probably could be challenged in court) the visits should be allowed in any state.

If the custodial parent refuses visitation, the non-custodial can file a contempt of court petition with the court. It is advised to have a lawyer assist with this.

2007-07-23 10:06:13 · answer #1 · answered by davidmi711 7 · 1 0

Most of the time, litigants in child custody are required to keep their address current with the court. But even if the court doesn't require it, it's never a good idea to move and not let the court know. If the court wouldn't be able to get legal documents to the out-of-state parent it would make things more difficult for everyone, including the child.

That being said, the simple fact that the parent fails to do so should not keep him or her from exercising visitation, unless there is a specific such requirement in the custody arrangement. Sometimes, custody arrangements require that visitation take place at a certain home, but that's not typical. If the out-of-state parent doesn't get their allotted time, the remedy is to return to court to enforce the custody arrangement.

2007-07-23 17:41:25 · answer #2 · answered by Ann D 2 · 0 0

Double check with your lawyer. If you didn't have one, better get one. If the child lives with you for 6 months and his/her father for the 6 months, that's your alloted time and cannot impose on the other parent's rights or visitations. As far as changing the mailing address, no. If the child goes to school in Ohio, that is his/her's physical address.
If one parent does not allow or interferes with the other to have their alloted time to be spent with the child, that parent can be held in contempt of court, fined and FORCED to give up their time to the other parent.
Do your self a favor, if this is you that you're inquiring about, let the other parent have their time with the child and stop being selfish. You both have 6 months out of the year to spend with the child. Make the most of those 6 months that you have.
I've been there and done that. I'm a divorced mom of two boys and they live with their father and step-mother. He's tried to impose on MY time. Pissed him off when I called him out. I got my time and he had to pay for interfering.
Check with your county courts too. I work in law enforcement. Although I'm not a sworn officer, I do work with sworn officers all the time. This is the biggest thing they run into is parents not co-operating with each other or not following the court order.

2007-07-23 17:18:53 · answer #3 · answered by rebel911wi 2 · 0 0

without knowing the details of the custody agreement it will be hard to give advice, what does the agreement say if the out of state parent moves to another state? if silent then would assume the custody agreement would stay the same, though the moving parent would most likely be held responsible for the transportation

2007-07-23 17:13:58 · answer #4 · answered by goz1111 7 · 0 0

oh boy!!!
Both parties should keep the court and the other party advised of their current address and
there is nothing you can do if you do not get your alloted time besides go back to court . yes, you can exercise your right of visitation be it does not mean you will get it . i wish you good luck !

unfortunately acid tongue is correct

2007-07-23 17:06:20 · answer #5 · answered by jgilbertdo 5 · 0 0

the parent with which the child lives during the school year, has more rights.

2007-07-23 17:07:52 · answer #6 · answered by acid tongue 6 · 1 0

Yes they can still visit, be sure to document changes like that though, they can definitely come back and bite you in the @$$ if you don't. The rules shouldn't change just b/c you move!

2007-07-23 17:04:30 · answer #7 · answered by brooklyn7582 5 · 0 0

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