Ask Experts Questions for FREE Help !
Ask

My friends spouse left state with their two minor children and refuses to

Asked Apr 27, 2012, 01:06 AM — 8 Answers
let him have communication with them. He is disabled and has limited income. By ohio state law is she allowed to take off with his kids and refuse to let him talk to them? She also said she is changing her number and not giving it to him. Is she allowed to do that? She also is trying to turn his children against him and has made several threats towards him involving him not being able to see his children. She quit a good job here in Ohio and moved to Illinois with no job and no home and is currently living with family members. Does any one know what the chances of the father getting full or at least shared parenting is?? Any advice? He is getting a lawyer as soon as he comes up with the down payment. They have been married since september of 2009 but their oldest child is 10. Will she qualify for alamony?

Search this Thread
Share |
8 Answers
ScottGem's Avatar
ScottGem Posts: 58,053, Reputation: 28125
Computer Expert and Renaissance Man
  
#2

Apr 27, 2012, 03:29 AM


Did they divorce? Were there any court actions in terms of custody?

If she just up and left, no that's not legal, nor is hiding the children, though he seems to know approximately where they are. However, this is a civil matter and has to wind it's way through the courts. So he needs to file for divorce in Ohio before she establishes residence and files in Illinois. He does not need to wait for an attorney to do this. Family courts are less formal. In the divorce he applies for custody and visitation of the children.

It will depend on the circumstances what he gets.

P.S. The title of a post here is a brief description of the question. Please don't start typing in the title then continue in the body.
Helpful
cdad's Avatar
cdad Posts: 10,959, Reputation: 6540
Internet Research Expert
  
#3

Apr 27, 2012, 01:30 PM
First off what your describing is parental kidnapping. If she is trying to conceal the children then he should file papers and contact the police right away.
Helpful
ScottGem's Avatar
ScottGem Posts: 58,053, Reputation: 28125
Computer Expert and Renaissance Man
  
#4

Apr 27, 2012, 01:34 PM


Quote:
Originally Posted by califdadof3 View Post
First off what your describing is parental kidnapping. If she is trying to conceal the children then he should file papers and contact the police right away.
I'm not so sure this rises to that level. Apparently he knows they are in Illinois with family. So she can't be hiding that much.
Helpful
AK lawyer's Avatar
AK lawyer Posts: 9,920, Reputation: 4207
Expert
  
#5

Apr 27, 2012, 02:25 PM
Quote:
Originally Posted by ScottGem View Post
... So he needs to file for divorce in Ohio before she establishes residence and files in Illinois. ...
Or, more importantly before the "home state" of the children becomes Illinois. That would be 6 months after they arrived in Illinois. After that time, custody and visitation can only be decided by the Illinois courts (assuming they stay there).
Helpful
cdad's Avatar
cdad Posts: 10,959, Reputation: 6540
Internet Research Expert
  
#6

Apr 27, 2012, 02:45 PM
Quote:
Originally Posted by ScottGem View Post
I'm not so sure this rises to that level. Apparently he knows they are in Illinois with family. So she can't be hiding that much.
That seems only temporary. As stated by the OP the other party has stated they are changing the cell phone number and not giving it to him. That could be seen as concealment. That is why I said based on the description and to file papers.

If based on the filing the mother refuses to return the children and changes the contact number without notice of any kind then it may very well cross the line.
Helpful
Fr_Chuck's Avatar
Fr_Chuck Posts: 72,597, Reputation: 37026
Expert
  
#7

Apr 27, 2012, 03:40 PM


He needs to get to court ASAP, the longer he waits to file motions, the better chance she has in perhaps being allowed to keep the kids there. He needs to file for custody in his state before she becomes a residence in her new state.
Helpful
doyouknow01's Avatar
doyouknow01 Posts: 6, Reputation: 1
New Member
  
#8

Apr 27, 2012, 03:59 PM
Shes been their 6 months this month. So it is to late for that. So even if he files for divorce here in Ohio he will still have to go to illinois courts over the kids???
Helpful
ScottGem's Avatar
ScottGem Posts: 58,053, Reputation: 28125
Computer Expert and Renaissance Man
  
#9

Apr 27, 2012, 04:06 PM
Quote:
Originally Posted by doyouknow01 View Post
Shes been their 6 months this month. So it is to late for that. So even if he files for divorce here in Ohio he will still have to go to illinois courts over the kids???
We don't know! It depends who files first and where.The longer he waits the less chance he has. But jurisdiction will be in ONE place. You don't do the divorce in OH and custody in Illinois.
Helpful
Not your question? Ask your question View similar questions
 
Thread Tools Search this Thread
Search this Thread:

Advanced Search

Add your answer here.

Remove Text Formatting
 

Undo
Redo
  
Decrease Size
Increase Size
Bold
Italic
Underline
Align Left
Align Center
Align Right
Ordered List
Unordered List
Decrease Indent
Increase Indent
Insert Email Link
Wrap [QUOTE] tags around selected text
Wrap [CODE] tags around selected text
Wrap [HTML] tags around selected text
Wrap [PHP] tags around selected text
Wrap [YOUTUBE] tags around selected text
Notification Type:



Check out some similar questions!

Spouse of 11 years and adult children of spouse who inherits property [ 1 Answers ]

Tx. Spouse dies after 11 years . Of marriage. Spouse had property before marriage. Does husband and spouses children split property , or do the children get all property.

Can my spouse get full custody of the children because of my friends? [ 3 Answers ]

My soon to be ex has filled for full custody of my children on the basis of my friends. My friend is facing charges - has not been convicted on anything - and is not even around my children. I am working and very active in my children's lives - I also volunteer any way I can, so proving me un...

Submitting spouse W7, should spouse SSN in 1040 left blank? [ 2 Answers ]

I am submitting W7 form for my wife with my 1040 and 1040 Schedule A (itemized deductions) forms. What should I put for spouse SSN in 1040 form? Should I just write "ITIN TO BE REQUESTED" for spouse SSN? Also, on second page of 1040 I see I have my SSN on top right corner of the page, but...

Minor refuses to exit car after accident [ 1 Answers ]

My daughter was hit by a car driven by a minor . My daughter was injured and her car was totaled. She was taken to the hospital by ambulance and treated. She has ongoing medical bills. While at the hospital without my knowledge, even though my daughter was awake and I I was present they did a...

View more Family Law questions Search