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View Full Version : I am moving out of state and want to take my daughter.


xecross
Jul 19, 2010, 09:05 PM
I'm twenty-one and have a two year old daughter. We moved to Ohio with her father seven months ago but things haven't worked out at all. I'm moving back to Florida and want to have full custody of her because I'm the one who takes care of her the most and have help from family and friends back home. Her father doesn't want me to have full custody but a 50-50 split custody, I wouldn't have too much of a problem with it but he's going to be in Ohio where his family is at and I would be in Florida. I think its not healthy for her to have to go back and forth and It wouldn't be allowed month to month like he wants. He's not working either nor am I but I have a better chance at find work and more help there than I do here. As well as health insurance for her basiclly I have a better chance at raising her alone back in FL than I do living in Ohio where his mother takes care of more or less everything. So my question really is how can I get full custody without making a big legal matter of the situation. I want her to know her father and want him to better himself so he can be around for her. Or can I just move without his consent we're not married?

martinizing2
Jul 19, 2010, 10:08 PM
Are you in the process of a divorce or planning on divorce?
Until a court document is in place , both parents have equal custody which would allow you to take the child with you when you move. But this is probably not the best way to handle it.

More than likely you will end up in court . It will be hard to not make it a big legal matter. I would advise you to get an attorney and start legal proceedings.

martinizing2
Jul 19, 2010, 10:16 PM
Duplicate (edit)

stevetcg
Jul 20, 2010, 07:45 AM
If he wants joint custody, you cannot get full custody without a big legal matter. If you are both residents of Ohio and you leave, if he files for custody in Ohio - the state with jurisdiction until you have been a resident of FL for 6 months, you can be compelled to return (the child anyway) to Ohio regardless of where you want to live.

Fr_Chuck
Jul 20, 2010, 05:50 PM
You can't just move back to FL and deny him proper visits with his child. If you move out he can file for custody in Ohio and force you to return the child to Ohio

ScottGem
Jul 20, 2010, 07:19 PM
As the father he has rights. Unless you can prove he's a danger to the child, he can enforce those rights. If you move , you might be compelled to return, especially if you move while litigation is pending.

xecross
Jul 21, 2010, 11:14 AM
We're not married so its isn't a divorce or anything like that

ScottGem
Jul 21, 2010, 11:36 AM
That doesn't matter. He's still the father and he still has rights.