I want to move... but...

[Vallorie01]

I live in Ohio, and have a question.

Complicated question, please bare with me...

My daughter is 18months old, and the father is a real dead beat. I'm currently with a new guy and we want to move to Florida. He has family down there and a new job lined up.

My problem:

The father is trying to get visitation. I wont allow this because I know he is not suitable to be a father. To keep it short, he's a real loser (drugs, etc).

My lawyer told me if I move, and the father does NOT find me within 6months; AND if I move before I get the court papers regarding the visitation rights, then he would have to come to MY location (florida) to re-file court papers.

My problem is, he filed for Child Support, and Ohio Child Support (OCS) says that if I relocate, I have to notify them first. If I notify them, the father can get our location and the judge will make us come back to Ohio for court. And the only way for OCS to not allow him our address is if we go to court proving he's a danger.

I currently have a restraining order on the father, he has tried to harm me several times. Is this restraining order enough 'proof' to OCS that the father should NOT have our address?

 

[I AM ALWAYS LIABLE]

I live in Ohio, and have a question.

Complicated question, please bare with me...

My daughter is 18months old, and the father is a real dead beat. I'm currently with a new guy and we want to move to Florida. He has family down there and a new job lined up.

My problem:

The father is trying to get visitation. I wont allow this because I know he is not suitable to be a father. To keep it short, he's a real loser (drugs, etc).

My lawyer told me if I move, and the father does NOT find me within 6months; AND if I move before I get the court papers regarding the visitation rights, then he would have to come to MY location (florida) to re-file court papers.

My problem is, he filed for Child Support, and Ohio Child Support (OCS) says that if I relocate, I have to notify them first. If I notify them, the father can get our location and the judge will make us come back to Ohio for court. And the only way for OCS to not allow him our address is if we go to court proving he's a danger.

I currently have a restraining order on the father, he has tried to harm me several times. Is this restraining order enough 'proof' to OCS that the father should NOT have our address?

My response:

Your R / O is useless to OCS. The R / O is only good between you and the bio-father.

Your attorney is correct since there is no current visitation order. You can go to Florida and wait the 6 months for jurisdiction to change. You'd only be required to inform OCS if you intend to continue receiving child support directly through them.

If you're willing to forego child support, and allow your fiance to support you and your child, then your first attorney would be correct.

But, if want and / or need that support money, then yes, you're going to need to inform OCS.

IAAL

 

[Vallorie01]

re: moving

Okay, basically you're saying all I have to do is contact OCS and tell them I don't need/want Child Support. And then pack up and leave?

The child support hasnt started yet, the father is pushing to get it started to try and 'look good' to the courts. If I contact them and just say I dont want it, will I have to go to court or the whatnot to have it canceled?

Main reason being, if we're moving, we're leaving in the next few weeks, and I really would dread having to come all the way back to ohio for court.

 

[I AM ALWAYS LIABLE]

Re: re: moving

Okay, basically you're saying all I have to do is contact OCS and tell them I don't need/want Child Support. And then pack up and leave?

MY RESPONSE: You don't have to tell OCS anything. They are not a court. There are no visitation orders, as of yet. OCS only controls child support. If you don't want it, no one can shove it down your throat.


The child support hasnt started yet, the father is pushing to get it started to try and 'look good' to the courts. If I contact them and just say I dont want it, will I have to go to court or the whatnot to have it canceled?


MY RESPONSE: You don't have to go to court unless a court has already been involved, and there's a court order concerning visitation and child support.


Main reason being, if we're moving, we're leaving in the next few weeks, and I really would dread having to come all the way back to ohio for court.

MY RESPONSE: I'm sure that your attorney has already discussed this possibility with you. Unless, and until, jurisdiction is conferred to you in Florida, and if he finds you before you're able to obtain Floridian jurisdiction, then yes, you'll wind up back in Ohio.

So, if he files for visitation or custody and child support in Ohio, and if you're still there in Ohio, and has you served with court papers in Ohio, Ohio is where you'll be for the foreseeable future, and until you get permission from the court to move to Florida.

If he is, in fact, a drug addict / abuser, and you're afraid of him, and you're concerned for the safety of yourself and child, then now's the time to get going while the getting is good.