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mboehmer55 · Jan 29, 2012, 07:56 PM

My daughter is married (no legal separation) They have lived apart for a year now. They have a 2 year old daughter that lives with the mother. She has lost her job and must vacate her apartment in the next week. Her husband does not pay any support but she does allow him weekend visitation every other week. They live in Ohio. My husband and me live in Arizona. My daughter and grand daughter have no other option at this time but to move in with us, but that will require them to leave Ohio and come to Arizona. Her husband said he won't allow it. He doesn't hold a job for long and lives with his aunt. Can he stop her from moving? Would it be kidnapping? What should she do, with not much time to do it?

cdad · Jan 29, 2012, 08:26 PM

He can't stop her from moving but he can force the return of the child. Also all court actions would be from Ohio if he files there within the time limit. So you would be fighting a case from out of town. The courts take a dim view of children being taken from another parent.

rudyfanlight · Jan 29, 2012, 08:32 PM

Yes he can try to stop it and may succeed depnding on police procedures. Need to check first simple phone call will answer. Need to check mom laws for dual parent non cosent. Most states will allow mom or dad to move for financial reasons as long as due notice has been giving and future references given also. Has father. Been in contact with in six months ? Some cases posesssion is nine tenths of the law not financial care. Eventually someone needs to show court the finacials of who truly cares for children, and future care. Custody battles are long and painful. Be ready on your part and it makes it easier

rudyfanlight · Jan 29, 2012, 08:35 PM

Try to file before he does in. Cort closest to you to make him fight long distance not you. But file first and do everything judge says, to keep the judgve happy vand on your side

Fr_Chuck · Jan 29, 2012, 08:40 PM

She can move, the child can not. If she moves with the child, he can file for an emergancy order to make her return the child to his state. She can not file in your state until she has lived there long enough to establish legal residence. ( would be months)

So he has time to file for custody and even make her turn custody over to him. With her getting visits.

The issue here is, he does not owe her support, since it appears she never asked for it. And if he is on the birth certificate he has equal rights to just have the child as much as she does.

So yes, he can make the child stay or at least return to his state.