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    cybertigger's Avatar
    cybertigger Posts: 1, Reputation: 1
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    #1

    Feb 3, 2011, 03:11 AM
    Can I leave the state with my kid and file full custity out of state?
    I was wondering if I can take my kid with me and leave the state of Ohio, we are sharing 50/50 custody right now. Live under same roof. We fight too much and this house is a pig pin. I guess what I am asking can I leave and file full custody out of state with her 'my little girl'
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Feb 3, 2011, 04:46 AM

    No. If you currently have shared custody ordered by the court, then you cannot move out of state without court permission.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Feb 3, 2011, 08:02 AM
    Quote Originally Posted by ScottGem View Post
    No. If you currently have shared custody ordered by the court, then you cannot move out of state without court permission.
    Strictly speaking, you can move, but you can't take the child with you.

    Quote Originally Posted by cybertigger View Post
    I was wondering if i can take my kid with me and leave the state of ohio, we are sharing 50/50 custody right now. live under same roof. we fight to much and this house is a pig pin. i guess what i am asking can i leave and file full custody out of state with her 'my little girl'
    No. The Uniform Child Custody Jurisdiction And Enforcement Act is the law in almost all states. When you file for divorce and custody you will have to file in the child's "home state" which is the state where you and the child are now.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Feb 3, 2011, 08:35 AM
    Quote Originally Posted by AK lawyer View Post
    Strictly speaking, you can move, but you can't take the child with you.
    Since the question specifically mentioned moving WITH the child, this comment is moot.

    "Strictly speaking" the OP could file where she moves to IF 1) she establishes residency AND 2) if the father moves from the jurisdiction of the original court. But I would deem it highly unlikely that the father would move and wait for her to establish residency before taking court action to bring the child back.
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