My ex-wife and I have had a paternity test done and I am not the father. Can legally move out of state without my consent?

Asked 8 months ago - Toledo, OH

Child was born during our marriage and I am on the birth certificate.
Ex has full custody currently, however we have been splitting parenting time equally.
Child is two years old.
Ex is planing on moving to GA, we currently both live in OH.

Attorney answers (3)

  1. Lee Alan Thompson

    Contributor Level 20

    1

    Lawyer agrees

    Answered . If you have rights by court order and it sounds as though you do, she has to file a notice of intent to relocate. This then allows you to file what you believe is necessary. Talk to an attorney. The paternity issue is interesting but wat to much to get into here.

  2. Deborah Zaccaro Hoffman

    Contributor Level 14

    1

    Lawyer agrees

    Answered . I have to correct you - you are the legal father and biology is irrelevant at this point. She will have to file a notice of intent to relocate and you will have the opportunity to contest.

    For informational purposes only; not intended to, and does not, constitute legal advice or a legal opinion.
  3. David Jay Sternberg

    Contributor Level 13

    Answered . From the facts you have given it sounds like you are the father of this child under your divorce decree. The court's order will control what rights you have. Under Ohio law she is required to file a notice to relocate. This gives you the opportunity to file a motion to reconsider child support, visitation and/or custody. Custody is decided on the basis of the child's best interest. Obtain counsel and start building your case.

    Attorney Sternberg is admitted to the practice of law only in the State of Ohio. His answering of this question... more

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