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Myah Osher

Myah Osher’s Answers

4 total

  • I am a single mom. I was just offer a job out of the state of michigan can i take my kids without there fathers permission.

    I was offer a job out of the state of michigan. i am currently not working. can i leave the state with out the kids permission?

    Myah’s Answer

    Technically, yes. But, this can cause issues in the long run.

    Were you ever married to the father? If so, you probably want to get divorced and granted custody before leaving. If not, you're probably okay to move but you should check with a local attorney to get more information about potential issues you may not have thought about yet.

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  • If I am still married can I move my kids out of state with me without their father

    I have been married for 10 years and been unhappy for 7. My husband is abusive mentally and physically and I want to move out of state with my kids to a friends. I can get a better paying job and I think the kids will love it there. Can I take my ...

    Myah’s Answer

    This is a very tricky area. Technically, you and your husband both have custody rights until there is a divorce judgment or custody order of some kind. This means that either of you could leave the state with the children. If you do so, he could certainly take the kids from you and bring them back to Missouri. In other words, with no order in place, you BOTH can do whatever you want to.

    Another issue is that once you move to a new state, that state will have a different law about when you can even file for divorce. Here in Oregon you have to have been living here for 6 months before you can file for divorce. And, this can be much longer when there are children involved.

    I would suggest that you find an attorney in the state you are planning on moving to. Create a list of questions you have (like the ones above) and then sit down with the attorney for an initial consultation. Ask all of your questions then so you can get the specific information you need to make an informed decision.

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  • Father of child is in prison. Never married, can I get sole custody without a lawyer?

    Father of child is in prison. Never married, can I get sole custody without a lawyer? what steps do i take? Can I terminate his rights? He hasn't been in her life except for maybe one month of her life and I will be getting married in October and...

    Myah’s Answer

    In many states, you can go to the county courthouse and pick up documents to file on your own. Without knowing all of the facts of your case, I can't be as helpful as I'd like to. But, I can tell you that (at least in Oregon), it's fairly easy to get the paperwork done without an attorney, especially if the other party is in prison.

    If you have never filed for custody of the child, you would want to just file the paperwork to get custody. You'll have to get the father served in prison, but that shouldn't be too hard. Prisons are usually happy to help complete service for people in situations like yours.

    As for terminating his rights, that is a much bigger issue and you will need the help of an attorney for that one, if you can do it at all. Usually it involves getting someone else to adopt the child or child welfare to step in. A lot of the time it's not something that can be done even with an attorney's help.

    Good luck!

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  • Do I need to get a lawyer to get sole custody?

    my ex and i have joint custody and he has custodial guardianship on my son. He has not so much even called him in at least maybe more than 2 years. He was supposed to have my son during the summer my son is with me my ex called to tell me he could...

    Myah’s Answer

    There are a few different things going on here.

    First, it sounds like you're asking where to file to modify your agreement. This answer depends on where the original custody judgment was filed. Were you originally divorced in New York? If so, then New York probably still has jurisdiction over your case. If you and your son currently live in Ohio and you've lived there long enough under Ohio law, you can probably get the case transferred to the Ohio courts.

    Do you need an attorney? Well, you don't HAVE to have one but it's always BETTER to have an attorney. If you can't afford it, there are alternatives, especially if you can get your ex to agree to the change in custody. Many states have a self-help system where you can file the paperwork to get the case transferred and do the modification on your own (without an attorney). Contact the court in your county to find out if they have the applicable paperwork. I recommend consulting with an attorney to make sure you're doing everything correctly if you go the self-help route. A lot of attorneys will either review your documents for a fee or they will go over the process with you at an initial consultation.

    There are also document drafting companies that draft up the paperwork for you for a really cheap fee. I must warn you, though, that you get what you pay for. In the paperwork I've seen such companies draft, there are usually a lot of mistakes. They'll use a standard form for every single case, which means they put in irrelevant information for some people, not nearly enough information for others, and sometimes they just flood the documents with incorrect information. They also don't guarantee any of their work and don't have professional liability insurance so if things go wrong - it's your problem and you are the only one stuck with it.

    If I were you, I would contact the Ohio State Bar referral service and find someone to help guide you in the right direction. If you don't find the right attorney the first time, keep trying. There are a lot of people out there willing to help - you just have to find them.

    Good luck!

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