Denver, CO asked in Divorce, Family Law and Child Custody for Ohio

Q: My daughter in Ohio is leaving her husband, they have 2 kids.

I will be going to get them and help her move to CO where I can help her start over. What does she need to do before leaving him and taking the kids with her? At the moment he does not know she is planning this, he is mentally abusive but not physical. What paperwork if any does she need to do before we cross state lines? I don't want/need law enforcement saying I kidnapped her and my grand-kids.

1 Lawyer Answer
Robert Mues Esq
Robert Mues Esq
  • Divorce Lawyer
  • Dayton, OH
  • Licensed in Ohio

A: She needs to consult with an Ohio lawyer. Were they married?There are significant jurisdictional considerations. In most states, one needs to be a state resident for a certain number of months before they can file for divorce. In Ohio that period is 6 months. I do not know anything about Colorado law but I suspect they have a similar waiting period. Her smart move likely is to file and serve him before she leaves Ohio, so Ohio can proceed with the case.

Her Ohio lawyer can also discuss local County rules that might impact this decision too.

See, all of this is pretty complicated - but likely doable.

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