Q: Im married. Can I take my child out of the state without husbands permission?
I’ve recently discovered my husband has a substance abuse issue due to him overdosing in our bathroom. I don’t have any emotional/financial support in this state. We have a 2 yr old together. I’ve begged him to seek help but it’s been a few weeks since the incident and still nothing. Can I leave him and take my daughter with me to another state to be with my family until he decides to seek treatment?
A: When parents in Ohio are married both parents are the residential parent and legal custodian of their child and can make decisions for their child such as moving out of state unless there are orders of court otherwise. Moving out of the state is not a guarantee to being able to remain out of state with a minor child as there are timelines that must be met to establish jurisdiction in the new location. Parents can consult a local attorney in the new state to determine how soon they can file papers in the new state. Prior to any required timelines, the other parent can file a case to request orders from the court for the child to be returned to the state. A parent leaving the state will need to be prepared to argue why it is in the best interest of the child for them to relocate away from their parent remaining in Ohio if the remaining parent files in Ohio first.
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