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If the non custodial parent moves to a different city is the visitation agreement still valid

Toledo, OH |

my ex boyfriend only has visitation . hasnt seen my son in over a year and moved to a different city without me knowing. Now he calls out of the blue threatening to bring the cops to my house if i dont let him see him. is the agreement still valid

Attorney Answers 2


What does the agreement say? Does it say it becomes invalid if he or you move? Does is say he can call out of the blue and insist on visitation whenever he decides? I doubt that.

It is still valid but I suspect it gives you a schedule to follow when you and he are unable to agree otherwise.

Good luck.

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If you have a valid court order that provides a schedule for parenting time for your ex-boyfriend, it is still a legal court order unless their is specific language in the order that says it does not apply if he moves. That being said, his failure to see the child in over a year is very likely a change of circumsances that would warrant modification of the order, but you will need to file a motion to have it modified so that there is no claim that you are in contempt of a court order. I would seek a consultation with a local family law/custody attorney that can discuss your options with you. If he now wants to be a part of the child's life, there needs to be a schedule developed to re-introduce the child into his life gradually with the least amount of trauma and stress for the child. This is especially true if your child is very young and hasn't had a substantial relationship with the Father. If there are safety concerns regarding the Father, you may want to consider requesting an emergency order to suspend his parenting time. An attorney familiar with your juvenile court would be best suited to lay out the options after you provide more detail regarding your situation.

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