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sfadden · Sep 10, 2009, 09:53 AM

My daughter married a man from Ohio in May, moved from Ca to Ohio end of June, is now 4 months pregnant and considering divorce. She recently registered to vote in Ohio and got her drivers license changed to Ohio.

She went to her sister's home last week in Virginia to live. If she stays with her sister in Va and has the baby in Virginia, and does not get a divorce yet, could the Ohio courts (father) have the power to order her and the baby back to Ohio when the baby is born in February?

I told her she must re-establish her residency in Ca by returning to parents home in Ca now, reregister to vote in Ca and get her license in Ca NOW or she will become a resident of Ohio and be under their jurisdiction. I told her she can visit her sister in Va or visit the father of the baby in Ohio, but must reestablish her residency in Ca. before 6 months from June 30. Am I right?

stevetcg · Sep 10, 2009, 12:31 PM

This is a tricky one. Usually that would be the case, but with them being married, the husband is already the legal father and might retain jurisdiction in Ohio regardless where she moves between now and then.

I would definitely seek a lawyer regarding this ASAP.

cdad · Sep 11, 2009, 01:56 PM

Originally Posted by sfadden

My daughter married a man from Ohio in May, moved from Ca to Ohio end of June, is now 4 months pregnant and considering divorce. She recently registered to vote in Ohio and got her drivers license changed to Ohio.

She went to her sister's home last week in Virginia to live. If she stays with her sister in Va and has the baby in Virginia, and does not get a divorce yet, could the Ohio courts (father) have the power to order her and the baby back to Ohio when the baby is born in February?

I told her she must re-establish her residency in Ca by returning to parents home in Ca now, reregister to vote in Ca and get her license in Ca NOW or she will become a resident of Ohio and be under their jurisdiction. I told her she can visit her sister in Va or visit the father of the baby in Ohio, but must reestablish her residency in Ca. before 6 months from June 30. Am I right?

What is the real question here ? Because we are left with a lot of what if's can you narrow it down to what your concern really is. Since she is already married and pregnant then no divorce can happen until after the baby is born. So what is your real concern ?

cadillac59 · Sep 11, 2009, 04:57 PM

Originally Posted by sfadden

My daughter married a man from Ohio in May, moved from Ca to Ohio end of June, is now 4 months pregnant and considering divorce. She recently registered to vote in Ohio and got her drivers license changed to Ohio.

She went to her sister's home last week in Virginia to live. If she stays with her sister in Va and has the baby in Virginia, and does not get a divorce yet, could the Ohio courts (father) have the power to order her and the baby back to Ohio when the baby is born in February?

I told her she must re-establish her residency in Ca by returning to parents home in Ca now, reregister to vote in Ca and get her license in Ca NOW or she will become a resident of Ohio and be under their jurisdiction. I told her she can visit her sister in Va or visit the father of the baby in Ohio, but must reestablish her residency in Ca. before 6 months from June 30. Am I right?

No you are not right.

This is fairly easy. Once the child is born the state in which the child is born will have jurisdiction to make custody orders concerning the child. This assumes the mom remains there. If this is VA, then VA will have jurisdiction. It makes no difference where the mom maintains a drivers license or registers to vote.

It can get more complicated than that. But suffice it to say if she does not return with the child and live in Ohio, Ohio will not have jurisdiction over child custody. I'd tell her not to worry about it.

Now husband might be able to file for divorce in Ohio, sure. But that will NOT confer on the Ohio court child custody jurisdiction.

Google or Wikipedia the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which is the uniform law that's in place throughout the US that controls which state court has jurisdiction over kids at any specific point in time.