need some help

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snowdove

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i am currently seperated from my husband he and i drew up some papers that state that i am able to take our children with me to ohio we got it notorized and signed i then relocated to ohio 2 months later thinking there could be a recociliation between us moved back to south carolina only to see he had a married woman living with him.i then had no place to go so moved me and the children in with my parents.i want to go back to ohio am i able to go back with out trouble from the husband or the law with that notorized paper?and the school up there do not except notries need something from a judge will i have to get that done here or am i able to get that done in ohio..

concerned mom
 
The notoraized statement does not hold much water. You need to file for divorce but before you can file in OHIO you need to meet the jurisdiction requirements. In the meantime your ex can file for divorce in his state and ask for the kids to be returned. It is a gamble to go to OH but there is really nothing preventing you from leaving but you might get served divorce papers. You also may be on the hook for all transportation costs for visits since you moved.
 
While I agree that a notarized paper doesn't hold much legal effect, you can hold him to it when you file for a divorce. A prior settlement of issues is usually held against the parties by a judge. He/she isn't going to litigate what has already been settled. If the father said you could take the children and live in Ohio then he probably will get stuck with that. If that is the case then he will have child support and he will bear the costs of visitation.
 
while i thank you both for you input i still have one issue the fact that my son will not be able to attend school in ohio due to the notorized statement they do not except in ohio i need something from a judge that will make that statement legal in ohio how can i go about doing that?would i need to stay in sc and file for that or can i file for that in ohio?
 
while i thank you both for you input i still have one issue the fact that my son will not be able to attend school in ohio due to the notorized statement they do not except in ohio i need something from a judge that will make that statement legal in ohio how can i go about doing that?would i need to stay in sc and file for that or can i file for that in ohio?

What does the school district require?

Most school districts only require shots, birth certificate, proof that you reside in their district, and the former school the child attended.

Many parents are forced to (for a variety of reasons) let their kids live with relatives or friends, without court orders.

What exactly is this school requesting?

What if your children had to stay with your parents because of your illness, incarceration, whatever?

What would your parents have, that you don't have?

How would your parents get it?


 
when i first relocated to ohio they told me i needed something stating i was able to have the children with me and so i thought having that statement that was notorized would be sufficient enough but they told me they do not except notories and i had 30 days to aquire something from a judge in order to keep my son in school.now i did go back to south carolina for a short period of time and if i go back with them having to re register my son in school my concern is them telling me i cannot register him with out something from a judge
 
one more question would it help my case that my husband after he signed these papers he drove me and my kids to our relocation?
 
one more question would it help my case that my husband after he signed these papers he drove me and my kids to our relocation?



That could be useful to the court in making its decision.

Sadly, the best thing for you ro do is file for divorce and seek temporary physical custody of your children.

Speak with an attorney and do this as soon as you can.

Ask the attorney to see if he can ask the court to order your husband to pay his fees.

You married a deadbeat bum.

The sooner you divorce that creature, the better your life will become.
 
Are you LEGALLY separated from your husband? I suspect not, since there are no custody orders.

If you are not legally separated, then I would contact the Ohio school district again. Let them know that you are still legally married, not separated, but that you will be living in Ohio while your husband remains in SC. The reason is really none of their business. Ask them what they need from your husband in order to register the child for school.
 
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