CP Moving out of state

[JoeBryan43229]

What is the name of your state? Ohio

My sons mom claims she is moving out of state in a few months. My son is 3, We were never married, I pay court ordered child support, but no visitation schedule has ever been established, nor split custody because we have always been on pretty good terms and very rarely has visitation ever been an issue. Is there anything I can do to stop my son from moving out of state? Also, she is on welfare, so my CS goes mostly to the state of Ohio. If/when she moves, how would that change? Would I start paying CS through the new state? Thanks

 

[stealth2]

You need to check the laws in OH to see what sort of notice she is required to provide to you legaly (google something like Ohio custody relocation). You should also speak with a lawyer to find out what's involved in contesting the move - which you have every right to do.

 

[helen7]

I would believe that you would have to go through the court to establish some kind of visitation schedule. You could then bring up the issue of her moving out of state. In some cases, espesially if it were a shared parenting plan, you would be able to make it that she has to stay in this state.
As far as the CS, you would continue to make the payments the same place you do now. They would then be sent to wherever she moves to. I live in Ohio, and have moved several counties away, but my case still remains in the county that I first lived in. When she changes her welfare to her new state, that state will take part of your CS.

 

[backwardsrain]

I am in Ohio too.... I went thru this !


MOVE FAST........... YOU NEED TO GET AN ATTORNEY TODAY! There will be little you can do after she moves. You may be able to file to stop her from leaving with your children. Call an attorney now!

Its' expensive because, it is a rushed order It cost me $2000.00.
When you say she is the cp do you mean that you have both went to court about custody before? Or have you 2 just kind of gone with the flow.

In saying that you can file to stop her it may only delay the situation. If she is moving to a place with you children were she has no job or a situation where the kids could be at risk then you might have a chance.

Good Luck

 

[bulldogg70]

How about temp orders to enjoin, so that you can stop the moving and have a hearing.

 

[Jillian483]

What is the name of your state? Ohio

My sons mom claims she is moving out of state in a few months. My son is 3, We were never married, I pay court ordered child support, but no visitation schedule has ever been established, nor split custody because we have always been on pretty good terms and very rarely has visitation ever been an issue. Is there anything I can do to stop my son from moving out of state? Also, she is on welfare, so my CS goes mostly to the state of Ohio. If/when she moves, how would that change? Would I start paying CS through the new state? Thanks

In most states the CP needs to file with the courts for permission to take the child with them before they move. If you can both agree on some type of custody agreement out of the courts then I don't see why you don't just do that. Since there is no CP here you need to get to court and quick to have one established.

 

[CJane]

In most states the CP needs to file with the courts for permission to take the child with them before they move. If you can both agree on some type of custody agreement out of the courts then I don't see why you don't just do that. Since there is no CP here you need to get to court and quick to have one established.

Really? Not in my state. Here, the CP just has to inform the NCP of the proposed move 60 days prior to the actual date of the move, and the NCP has 30 days to file to stop the move. The only time it goes to court is if the move/new proposed parenting plan is unacceptable to one parent, and then the court decides.

My advice to the OP ~ Hire an attorney. File for joint legal/physical custody. Let your attorney know that the mother is planning to move out of state. If you're awarded joint custody, in most states, the mother will have to notify you, and you will have to AGREE to let the child leave the state. If you don't agree, then the court will decide what happens.

 

[Jillian483]

Really? Not in my state. Here, the CP just has to inform the NCP of the proposed move 60 days prior to the actual date of the move, and the NCP has 30 days to file to stop the move. The only time it goes to court is if the move/new proposed parenting plan is unacceptable to one parent, and then the court decides.

My advice to the OP ~ Hire an attorney. File for joint legal/physical custody. Let your attorney know that the mother is planning to move out of state. If you're awarded joint custody, in most states, the mother will have to notify you, and you will have to AGREE to let the child leave the state. If you don't agree, then the court will decide what happens.

Yeah I was thinking after I posted it, I think that I might be thinking about what you are saying and then the other parent has a cretain amount of time to contest it. Sorry bout that