Custody advice

[Daniel_Hook]

My daughter lives in New York with her boyfriend, they are not married but have been living together in Ohio and finally in New York for 3 1/2 years. They have one child together. They are in the process of a messy break up, due to the boyfriend being unfaithful. My daughter wants, feels it is in the best interest of her and her daughter to move back to Ohio. Can she and our grandchild leagally move back to Ohio without the father and without causing any legal problems? Thank-You

 

[seniorjudge]

This could cause major legal problems if you deny a parent visitation.

Hire a lawyer.

 

[Duranie]

Was paternity established with the Dad? There may be a problem if your daughter moves to NY because Dad can then go to court and file for custody since OH will have jurisdiction until your daughter meets the residency requirements of NY. If OH retains jurisdiction this could prove problematic. Your daughter really should see an attorney before she moves.

 

[Daniel_Hook]

The child assumed the last name of the father, official paternity tests have not been taken. All are confident father is paternal father. Both father and mother lived in Oh when child was born, moved to NY 2 years ago. Both live in NY now, mother (my daughter) wants to return to Oh.

 

[Daniel_Hook]

Thank-You for the advice.

 

[Duranie]

It sounds like if Dad signed the birth paperwork and the child has his lat name, that takes care of establishing paternity so a DNA test is not necessary.