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    joebob76's Avatar
    joebob76 Posts: 3, Reputation: 1
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    #1

    Jul 10, 2013, 04:24 AM
    How do I stop my child's mother from leaving the state with our daughter?
    My daughters mother has stated that she is moving out of state and is taking our daughter with her. My daughter currently resides with me and I have a signed and notarised shared parenting document which names me the residential parent, but it hasn't been filed with the courts for lack of a motion and a decree. What can I do to stop her?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jul 10, 2013, 04:29 AM
    File it in court!

    Do not let her alone with the child until you do. Do you have proof of her stated intention?
    smoothy's Avatar
    smoothy Posts: 25,492, Reputation: 2853
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    #3

    Jul 10, 2013, 07:12 AM
    What state and country would this be... laws vary.
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    joebob76 Posts: 3, Reputation: 1
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    #4

    Jul 10, 2013, 07:14 AM
    Quote Originally Posted by smoothy View Post
    What state and country would this be...laws vary.
    Ohio. USA. Specicficly licking county.
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    smoothy Posts: 25,492, Reputation: 2853
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    #5

    Jul 10, 2013, 07:28 AM
    Actually without a court issued custody order... and court ordereed visitation... the mother has the same rights as you. Who told you it couldn't be filed with the courts? Any mutual agreement isn't going to have the force of law behind it as a court order would. Signed or not.
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    joebob76 Posts: 3, Reputation: 1
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    #6

    Jul 10, 2013, 09:20 AM
    Quote Originally Posted by smoothy View Post
    Actually without a court issued custody order...and court ordereed visitation....the mother has the same rights as you. Who told you it couldn't be filed with the courts? Any mutual agreement isn't going to have the force of law behind it as a court order would. Signed or not.
    the courts won't let me file it without a motion and a decree for shared parenting and they won't issue them to me stating that it is too complicated to be filled out without a lawyer.
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    smoothy Posts: 25,492, Reputation: 2853
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    #7

    Jul 10, 2013, 09:23 AM
    Quote Originally Posted by joebob76 View Post
    the courts won't let me file it without a motion and a decree fo shared parenting and they won't issue them to me stating that it is too complicated to be filled out without a lawyer.
    That's making no sense to me... you are a parent... you are not together with the other parent... so you get a lawyer and petition the court to get legal custody.. wheich means more than just having physical custody.

    Without that... she could take the child... and move to Iran and you couldn't stop them.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #8

    Jul 10, 2013, 09:41 AM
    This document, is it signed by you both?

    Quote Originally Posted by joebob76 View Post
    the courts won't let me file it without a motion and a decree fo shared parenting and they won't issue them to me stating that it is too complicated to be filled out without a lawyer.
    This is surprising because Family courts are generally less formal and more user friendly. You could just hire an attorney or even a para-legal to prepare the petition properly for the court.

    But I repeat what I said before. Do not let her alone with the child until you have court ordered custody. If she brings the police into it, just show them the document making you the residential parent. And explain to them she has threatened to take the child out of state (if you have proof of that it would help).

    But think about what it will cost you if you don't get the court order and she does abscond. It will be cheaper to get the court order.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #9

    Jul 10, 2013, 09:51 AM
    My daughters mother in law took off with her daughter to Georgia. Ohio said she was in the wrong and had to take her back to Ohio. Now she has to keep going back to Ohio to get her daughter for visits and for court. You need to handle this before it ends up happening and Ohio court still doesn't listen to your concerns.
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