Q: I have sole custody. Can I move to another state?
Baby is 1 month. We are establishing paternity for child support. No custody or visitation is established. He has mentioned taking me to court for it. I am wanting to move to another state to be closer to my sister. Will I have to come back to Ohio if he filed for custody?
A: Yes, you could be ordered to bring the child back by an Ohio court for a custody determination if he files for parental rights. If there are no court orders regarding custody or parenting now, then at the moment you can move, and don't need permission from him or the court. But until you establish residency in the new state, Ohio can retain jurisdiction for child custody issues. So if he files in OH after you move, you might have to come back, and the court could require the child to remain in OH. The court usually won't separate a newborn from the mother, so it could be a difficult situation. Use the Find a Lawyer tab to retain a local OH family law attorney, and also an attorney in the other state, to find out what the residency requirements are for that new state to obtain jurisdiction.
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