wanting to relocate, custody issue

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The best thing for you to do would be to go through the courts where you live now for the reasons that you state in your post.

As far as the stuff with his ex, I wouldn't want to make a fuss about that in court. They will wonder why you had a child with him if his past was such a problem. It will make you look bad so you are best to stay away from that.

There is no way to know if a court will grant what you are asking for, but you don't want to move without going through the legal process because of the new problems that it will create for you.
 
Think about it.
He takes no interest in the kid.
He probably pays no support.
There is no custody order.
You had to take the kid to see him.
He doesn't even call about the kid.
Do you think he would take the time and spend the money to bring a custody action?
You are the sole, legal parent to that child.
Why are you worried about something that deadbeat will never do?

Sure, a decent man might bring such an action.
A deadbeat won't.
Besides, how would this deadbeat even know where to find you?
 
Without a court order binding you with its terms your free to do as you wish. Go ahead and move then give him the address. Once there file a court order for support so you have jurisdiction in your state
 
WRT jurisdiction - while it's true that Mom can file for child support immediately in Ohio once she gets there, this does NOT mean that OH would have jurisdiction for the purposes of custody.

That would not happen until Mom had met the 6-month residency requirement.

And honestly - the WORST thing Mom should do is "disappear" in Ohio. Particularly if she wants to file for child support. We know how that often triggers the other parent to file for some sort of custody.

Seriously folks CA is not a state to mess with in child relocation cases. It's NOT the same as (most of) the rest of the country and if she relocates without getting things sorted out she can - quite literally - lose custody.

My advice for Mom would be to file for custody and child support in CA, and get permission from the courts to relocate...BEFORE she goes.
 
My advice to OP is NOT to file for support.

This deadbeat doesn't visit your daughter.

Do you expect him to pay child support, court ordered or not?

Live your life free of this deadbeat.

He'll never do anything but disappoint you and your child.

He'll never pay child support.

Don't delude yourself into believing otherwise!!!
 
We actually already have a court date set for early may to determine child support. He has already threatened to quit his job if I file for support as he is already paying support for his older child. I know that he wouldn't seek to file for custody or to contest my move on his own however I suspect his mother may push him to do so as i have seen her do in the past for his older daughter. She even writes his statements for court! I was wondering if I give him a written notice of my intent to move if that would be sufficient evidence for the court to see that I didn't just disappear? I would list the address and contact phone numbers as well. I have been doing a lot of research and read he would have 30 days to contest my move and if he didn't then id be in the clear (legally speaking) is this true?
 
The more you deal with this bum, the more complex he will make your life.

You really need a lawyer.

You've seen how this useless creature and its snarling mother operates.

If I were you, I'd forget filing for support, if you want to live in Ohio. If you think he will support your child, file for support. If you do, forget moving (easily) to Ohio.
 
Er...on another forum, you said he's been ordered to pay support since January.

Here you say you don't have court until May?

Which is it?
 
Proserpina said:
Er...on another forum, you said he's been ordered to pay support since January.

Here you say you don't have court until May?

Which is it?
Click to expand...

He hasn't been paying hence the court date. He's trying to have the amount reduced he did the same with his other child's mother a month ago and was denied a change in amount
 
Ah...yeah, I think an attorney would be wise at this point.

Because he's already gotten a taste of the court system - and though I don't have a crystal ball, I predict that he's going to fight a relocation just because he can.

I will reiterate too - CA can be very, very tough on relocations.
 
Okay thanks that's what I was thinking. Another quick question. I'm planning on flying out to visit family for 3 weeks. Is there any way if he assumed I wasnt planning on returning and he files while I'm gone that I can get in any trouble? I have round trip tickets which would show I intend to return.
 
amtmommy86 said:
Okay thanks that's what I was thinking. Another quick question. I'm planning on flying out to visit family for 3 weeks. Is there any way if he assumed I wasnt planning on returning and he files while I'm gone that I can get in any trouble? I have round trip tickets which would show I intend to return.
Click to expand...

If you have an existing court order in place, you need to read it, and then you must obey it.
You, of course, are free to do anything and go anywhere.
The court order addresses the child's domicile.

What does your existing custody order state you must do?
Does your existing custody order allow the child to leave your city, county, a specified mileage radius, or the state?

You get the CORRECT legal answer when you tell the truth.
If you don't tell the truth, you could end up relying on information that will get ONLY you in legal trouble.


I'm helping a Marine use the UCCJEA to force his wife to return their children from one state to another.
The UCCJEA also directed the quashing of an emergency order of protection that his wife obtained by lying.
Tell the truth, or don't say anything at all!
 
jacksgal said:
In order for him to file and get court date you will need to be served. If your not home you cannot be served
Click to expand...


If he files an ex parte based upon mom's express wish to relocate, he can cause an awful lot of trouble for her.
 
army judge said:
If you have an existing court order in place, you need to read it, and then you must obey it.
You, of course, are free to do anything and go anywhere.
The court order addresses the child's domicile.

What does your existing custody order state you must do?
Does your existing custody order allow the child to leave your city, county, a specified mileage radius, or the state?

You get the CORRECT legal answer when you tell the truth.
If you don't tell the truth, you could end up relying on information that will get ONLY you in legal trouble.


I'm helping a Marine use the UCCJEA to force his wife to return their children from one state to another.
The UCCJEA also directed the quashing of an emergency order of protection that his wife obtained by lying.
Tell the truth, or don't say anything at all!
Click to expand...


We currently have no court order for custody or visitation
 
amtmommy86 said:
We currently have no court order for custody or visitation
Click to expand...

But, you DO have a support order, right?

There has been some sort of court action at this point, right?

You need a lawyer.

I suggest that you proceed with the utmost caution.

Had you not started that useless support order, you'd be in a better position against this deadbeat.

You also recognize that a bum like this wouldn't have paid support, even if it were only $1.00 a week.

By the way, whatever support this bum would pay, is far more costly than living without it.

Without his support you could be where you wanted to be without his intrusions in your life.
 
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Even without ANY court orders or proceedings, if Mom ups and leaves without following the correct procedure, Dad can make life VERY difficult for her.

Very difficult indeed.
 
Proserpina said:
Even without ANY court orders or proceedings, if Mom ups and leaves without following the correct procedure, Dad can make life VERY difficult for her.

Very difficult indeed.
Click to expand...

Everything I've read from various law and court websites state that I'm free to move with my daughter wherever id like. The only possible problem would be if he filed after I left but before 6 months had passed or before the new state would take over jurisdiction.

I want to go about this the right way and im trying to save enough money for a retainer to hire an attorney.

I'm just wondering if putting my intent to move into writing and sending it to him would be enough to show that I didn't just take off or should I go file for custody first.
 
You know...you first mentioned Ohio, then it's Pennsylvania on another forum - really, why the subterfuge?

And yeah - many responders cross-post to other forums.


That aside, California REQUIRES you to notify the other parent. It's not an option, it's a REQUIREMENT. And then Dad can object.

This is why courts are your friend. They can help you avoid all kinds of legal nastiness. Get your stuff done before you move unless you want to be going back and forth to California and perhaps having to face the prospect of either moving back or losing custody.
 
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