Taking child out of state - Ohio?

Question

My husband and I are having some marital problems. I have no family in Ohio so I was thinking about going to Florida to visit my sister and her family for a short while. I am not trying to take my son away from his father by no means. But, I feel that he will make this claim. Can I go without any legal trouble?

Answer 1

talk to him about this

Answer 2

If you guys are getting divorced, than I would suggest that you don't go because it could cause alot of legal problems. If you are just separated, then I really don't think there is anything your husband can do if you want to take him, but if he puts up a fight about it, he can get an emergency court order to make you keep your child in the state of ohio. I would seek legal advice.

Answer 3

Jules,

I read your posting about this on another Q of yours. Let me begin by saying for you to seriously consider what moving to Florida with your one year old child will be like, especially if you divorce. Are you prepared for the added hardships? If you move to Florida, and you two have shared custody, will your child spend 6 months in Florida with you and 6 months in Ohio with him? At least if you were close, you two could work out more in the way of visitation.. but, hun, Florida is a long, long way from Ohio.

In my state, there is a "father's law" that prevents the mother (in a situation where the mother has primary physical custody) from leaving the state except under extreme circumstances (to live in another state), even if the father agrees (after papers are filed in court). To do so, one must go before the court and prove that the living conditions for the child are better in the other state, the support system for the mother is better in the other state, and are not available in the state in which they currently live, as well as providing for reasonable visitation / transportation of the child.

If your husband agrees now, you can leave for a short period of time (call your local police department for how long and specifics- it my state is only 14 days without allowing the father 14 days visitation or filing papers in court), but you must file paperwork in the court to determine custody soon. Otherwise, you could be opening a very ugly legal can. I have heard of mother's losing rights to their children except visitation for moving out of state. It just depends on your state's laws.

My best advice is for you to see an atty listed in the yellow pages as giving free consultations. Try to see him 8:00 a.m . Monday morning (or at least call then).. get the best advice, you may want to see a couple .. Your child is too important to just take the advice of us well meaning people on here... you need the advice of someone knowledgeable about current laws in your state.

Best of luck,

Wildflower

Answer 4

if it is in divorce papers saying you cant leave the state with the child then no you have to stay. as long as there are no court orders saying this there isnothing he can do to keep youin the state and going to go see youre family isnt taking him away but introducing him to the other family members he has. unless you are severed with papaers before you go then go and worry about the rest when you get back. You could also take him and leave then tell youre husband we will be back on such and such a day. tell him if he isnt happy with that get a lawyer the primary caretaker usually gets the child and if that is you then dont fret the small stuff go and let some tensin out. as long as thereis no courts inolved you have the right to go and see who you please.

Answer 5

It is not kidnapping if you are the mother. If there was some type of order that the court gave saying you could not move your son out of state then he could try to claim that if you moved there permanently, but even then you would be allowed to take him out of state for a "vacation". If he files for divorce while you are gone then you could be ordered to come back and bring him with you until otherwise decided.

Answer 6

as stated above as long as their is no court order or pending divorce proceedings, nor child custody issues in front of a judge then not illegal

now until you and the child have lived in Florida for six months or more Ohio will retain jurisdiction in regard to any child custody issues if they are brought by your husband

Answer 7

As long as there isnt a divorce pending or actually happened then there is nothing legal to stop you from taking your son on a vacation.Now if you left him here and dad files for divorce you may be court ordered to bring him back

Answer 8

There is nothing illegal about going where ever you want with your child. If you were to get a divorce or legal separation then they would decide that there in court. He is just as much your child as he is his. This is not kidnapping as long as there is no court order in place preventing it.

I know this for a fact!!!!!!!!

Answer 9

Youd be stunned at what the authorities can convey jointly from to fulfill little one help, tremendously if youre at the back of and Social secure practices exams of any variety are open interest right here so definite they are able to, sorry

Answer 10

if your husband want to make a big deal out of this he can you are still married to him and just need a little time away
try to explain that to him maybe he will be understanding and may be he wont. Best of luck

Answer 11

Yes, you can do that, if you don't intend on moving to Florida. If you think he is going to give you trouble over the trip, don't tell him you are going until after you get there.