Ohio Law - How can I get custody of my 7 year old son?

Here is a little background. We were never married and after our separation in 2003, Portage County Juvenile - Ohio granted automatic custody to my ex-girlfriend. In 12/2004, my shared parenting proposal was made an order of the court. After a long battle with my ex-girlfriend about excersing the visitation, she admitted to contempt and was sentenced on 1/2006 to 30 days in jail (suspended) and placed on 6 months probation. Since that time, she has excerised the visitation order, but fails to be responsible in other fashions relating to school. Several times, the school contacted me to pick up my son because he was sick and they could not reach his mother, nor would she return their calls. She also asks for money (in addition to the child support) for school supplies, clothes, etc. She does not work. I never send any additional money directly to her, but have bought school supplies. Unfortunately, I didn't save the past receipts, but it's not enough to complain about anyway - it was for my son. In 12/2008, My wife and I relocated to Florida and I filed an intent to relocate just prior leaving. After my ex-girlfriend found out we were moving, she also moved to her sisters ("to get straightened out and get a job") in South Carolina, but did not file an intent to relocate as far as I know. I do get to talk to my son on the phone (when they answer), and we were able to visit him for one weekend so far. My wife and I have been discussing filing for the out of state visiation vs. full custody. Can anyone comment on the likeliness of the father getting full custody in this situation? Should we just settle on filing for out of state visitation through Ohio (I heard they still have jurisdiction for up to 6 months +)? Do I even need an Attorney for any of this? In today's economy, we would like to save money where possible. Please help.

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Answers (1)

Alejandro Rafael Lopez

Alejandro Rafael Lopez

Contributor Level 6
You may have sufficient basis, or not, to obtain what you call "full custody", but the answer depends on Ohio law. Under Florida law you may not have sufficient basis. In any event, you will have to file in Ohio and I strongly recommend you speak to a domestic relations lawyer in Ohio before you proceed, since it may be a very complex process. The six months jurisdiction time you refer to are based on a law called the "Uniform Child Custody Jurisdiction Act". It says you file the case in the child's "home state". It does not sound it is Florida, it may still be Ohio, but could become North Carolina.

The only way to save on attorneys' fees and costs will be if your ex agrees on something else with you (than wht it is right now) and a judge approves your written agreement (if Ohio law allows that).

Alejandro R. Lopez, Esq.
Law Office of Alejandro R. Lopez, P.A.
2996 Edgewater Drive,
Orlando, Fla. 32804
Ph.: (407) 649-1404
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