[doyouknow01]

Let him have communication with them. He is disabled and has limited income. By Ohio state law is she allowed to take off with his kids and refuse to let him talk to them? She also said she is changing her number and not giving it to him. Is she allowed to do that? She also is trying to turn his children against him and has made several threats towards him involving him not being able to see his children. She quit a good job here in Ohio and moved to Illinois with no job and no home and is currently living with family members. Does any one know what the chances of the father getting full or at least shared parenting is? Any advice? He is getting a lawyer as soon as he comes up with the down payment. They have been married since September of 2009 but their oldest child is 10. Will she qualify for alamony?

[ScottGem]

Did they divorce? Were there any court actions in terms of custody?

If she just up and left, no that's not legal, nor is hiding the children, though he seems to know approximately where they are. However, this is a civil matter and has to wind it's way through the courts. So he needs to file for divorce in Ohio before she establishes residence and files in Illinois. He does not need to wait for an attorney to do this. Family courts are less formal. In the divorce he applies for custody and visitation of the children.

It will depend on the circumstances what he gets.

P.S. The title of a post here is a brief description of the question. Please don't start typing in the title then continue in the body.

[cdad]

First off what your describing is parental kidnapping. If she is trying to conceal the children then he should file papers and contact the police right away.

[ScottGem]

First off what your describing is parental kidnapping. If she is trying to conceal the children then he should file papers and contact the police right away.

I'm not so sure this rises to that level. Apparently he knows they are in Illinois with family. So she can't be hiding that much.

[AK lawyer]

... So he needs to file for divorce in Ohio before she establishes residence and files in Illinois. ...

Or, more importantly before the "home state" of the children becomes Illinois. That would be 6 months after they arrived in Illinois. After that time, custody and visitation can only be decided by the Illinois courts (assuming they stay there).

[cdad]

I'm not so sure this rises to that level. Apparently he knows they are in Illinois with family. So she can't be hiding that much.

That seems only temporary. As stated by the OP the other party has stated they are changing the cell phone number and not giving it to him. That could be seen as concealment. That is why I said based on the description and to file papers.

If based on the filing the mother refuses to return the children and changes the contact number without notice of any kind then it may very well cross the line.

[Fr_Chuck]

He needs to get to court ASAP, the longer he waits to file motions, the better chance she has in perhaps being allowed to keep the kids there. He needs to file for custody in his state before she becomes a residence in her new state.

[doyouknow01]

She's been their 6 months this month. So it is to late for that. So even if he files for divorce here in Ohio he will still have to go to Illinois courts over the kids??

[ScottGem]

Shes been their 6 months this month. So it is to late for that. So even if he files for divorce here in Ohio he will still have to go to illinois courts over the kids???

We don't know! It depends who files first and where.The longer he waits the less chance he has. But jurisdiction will be in ONE place. You don't do the divorce in OH and custody in Illinois.