Ohio - leaving state with child

[wesawitbleed]

What is the name of your state (only U.S. law)? Ohio

Early January I ended the marriage. We have not filed for legal separation nor have one of us moved out. I'll try to keep this short. we moved from Cali to Ohio and do not have any help here.

We have a 3 year old together and I want to go back to California to go to college and to have family around that will be able and is willing to help me out. I've talked to her father and he is not happy but is allowing me to take our daughter to cali with me. There is no way he would be able to pay for daycare and there is nobody around that could watch her for free.

What I need to know is what can I do to protect myself by avoiding the courts. I don't want to have to wait for a month or longer for a court date as I'd like to move back before the weather gets bad. Would an agreement signed by both and notarized be sufficient enough?

 

[LdiJ]

What is the name of your state (only U.S. law)? Ohio

Early January I ended the marriage. We have not filed for legal separation nor have one of us moved out. I'll try to keep this short. we moved from Cali to Ohio and do not have any help here.

We have a 3 year old together and I want to go back to California to go to college and to have family around that will be able and is willing to help me out. I've talked to her father and he is not happy but is allowing me to take our daughter to cali with me. There is no way he would be able to pay for daycare and there is nobody around that could watch her for free.

What I need to know is what can I do to protect myself by avoiding the courts. I don't want to have to wait for a month or longer for a court date as I'd like to move back before the weather gets bad. Would an agreement signed by both and notarized be sufficient enough?

That would be sufficient to establish that he agreed that you could relocate with the child.

However, you haven't ended your marriage if you are not divorced and you are residing in the same household. Therefore it would not be sufficient to stop him from filing for divorce/custody/parenting time in Ohio, and thereby causing you to have to travel to Ohio for court...or for possibly causing you to have to temporarily return with the child to Ohio until you could prove to the courts that you had his permission to relocate. It would also not be sufficient to establish custody.

You would not be able to file anything in CA until you had resided there for at least six months.

 

[wesawitbleed]

Thank you. I'm aware he could possibly file but financially he does not have the means and neither do I since being laid off.