If I want to file a motion to have my daughter move back to Ohio, where I live, from Texas, where her dad lives, can I file the motion on my own (I cannot afford an attorney) and if so, where do I start? Where do I go or is there is a reference that you would recommend me reading? She is 13 and wants to move back home. He is not allowing her, i.e. will not agree to let her move back. I, unfortunately, signed off to make him custodial parent a year ago. Now, she and I want to reverse it and get it before a judge. But I can't afford an attorney.

And, is the attorney who helped me when she moved in Aug 2013 still my attorney on file, even though she hasn't helped me since then and I don't want her help now. I can't afford it, I should say. But I would fire her and find a new one, anyway, if she is officially on the record as my attorney. I.e. I wouldn't want to keep working with her, regardless.

First, it is not a good idea to piggyback your question on another thread. Especially a 6 yr old one. To avoid confusion your question has been moved to its own thread.

Where was the original custody order issued? If it was issued in OH and you have stayed in OH, then OH should still have jurisdiction. You can certainly file without an attorney, but if he retains one, you will have a harder time of it. I would recommend that you check with local laws schools. Many will have clinics to help you prepare the paperwork and help you through the process.

At 13 your daughter preference will be listened to, but the court will make the final decision. Why did you sign over primary custody to him? That could have a bearing on the court's decision.

Hi, yes, it was issued in Ohio and I have stayed here. I will check at the university.

First, I was under the impression that I was not signing over "primary" custody, but that we were still joint custody and the he was simply the "residential" parent for school purposes. That's what I was told. I wanted to make sure I still have custodial rights and that's why I hired an attorney the first time around. The language is confusing and that is another question I have - am I still a custodial parent? If I am not, then I wasted thousands of dollars.

Second, she and I, as moms and daughters often do, were having a hard time getting along. I allowed her to go, knowing she would hate it, but that she had to find out for herself. That is why I didn't want to make him the primary custodial parent - because I knew she would want to come back. And for the record, there is no abuse, drugs, alcohol, crime or anything of the sort involved.

But I am confused now. And that's why I need to talk to someone.

There are two types of custody, physical and legal. Generally one parent gets primary physical custody. That parent is the custodial parent. The other parent is the non custodial parent. That parent usually has a visitation schedule when they see the child. Both parents can share legal custody, which means they share decision on health care, education etc.

Assuming you were originally awarded primary physical custody, you would have had to sign that away to let her move to TX. He became the custodial parent and you the non custodial parent. Was a visitation schedule part of this agreement?

Of course, without seeing what you signed, we can't be 100% sure what it says.

Agreed, you do not lose custody, but you allow the other parent to be the primary parent and agree to allowing that parent physical custody. That does not mean, it is easy to change, and require both to agree or a court to order.

Since it is only a year, you may be required to show cause, as to why the child should move. Also show evidence of why, the child is better with you. Sorry but merely the child wanting is not evidence. The child can testify, but that is not always enough.

If all of the court work has been in your state, you can file in your current state.
You may be able to go and review some other court documents or perhaps hire a paralegal to prepare the filing for you.

If your ex, hires an attorney, you will need one, be prepared for that.

If the attorney who represented you in 2013 is still around, you should be able to find her through the Ohio bar association (or whatever agency regulates attorneys in Ohio). If she is still your attorney of record it will be a simple matter to have her sign a paper allowing her withdrawal from your case.