New Philadelphia, OH asked in Family Law and Gov & Administrative Law for Ohio

Q: If I have a open CPS case but my boyfriend doesn't can he take my children out of state to visit my family without me

I don't mind him doing it because I know I will see my kids again but what about my CPS working. Is it against the law for him to do it. The only reason my case is still open is because I have completed my counceling yet due to no vehicle. However I have complied with everything else. Stayed sober and clean since the case opened. Passed every drug test and she has seen my children every month when she visits along with a child development worker for help me grow program.

1 Lawyer Answer
Joseph Jaap
Joseph Jaap
  • Cincinnati, OH
  • Licensed in Ohio

A: He has no legal basis to have the kids if he has not established paternity and a court has not granted him parental rights. What if they need medical treatment while he travels with them? He does not have custody, so that would be a problem. Check with CPS before allowing him to do that.

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