Dayton, OH asked in Adoption, Child Custody, Divorce and Family Law for Ohio

Q: Can a parent move far away taking their kids - while still legally married with no parenting agreement in place?

Asking for my friend: SHe left her wife (in Indiana) to attend law school in Ohio. It was originally temporary to allow her to go to classes, but how has become a permanent separation. There are no divorce papers signed and no parenting agreement in place. She is still a regular presence in their adopted children's life (many weekends and calls throughout the week as well as taking the kids to appointments, etc). The spouse in Indiana is now saying she is going to move a significantly farther distance away, thus keeping her from seeing her children.

1. Is this illegal?

2. Should she consult an attorney in Ohio or Indiana, or both?

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

A: Without a court order for custody, either parent can move with the children, and no permission is required. But the other parent then would have to file with the court to try to sort out the custody issue in a divorce or legal separation. If Ann is going to law school, she should know to talk to an attorney. She can use the Find a Lawyer tab.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.