Cleveland, OH asked in Child Custody for Ohio

Q: I have a Ohio custody arrangement for shared parenting. This order states that I am residential parent and legal custo

I have a custody arrangement for shared parenting. This order states that I am residential parent and legal custodian. The mom took child and moved out of state in Texas.

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1 Lawyer Answer
Raquel Ann Parish
Raquel Ann Parish
  • Divorce Lawyer
  • Delaware, OH
  • Licensed in Ohio

A: When there is already an Ohio court order in place for the children to live in Ohio and the non residential parent removes the children from the state it can take many difficult steps to have them returned. There is no clear path on getting the children returned to the state as every state is different in how custody disputes are handled. Every state must however give full faith and credit to court orders of another state and enforce another state's court orders in their jurisdiction upon proper registration and notice to the affected party. The residential parent can try to appear in the other state and contact the local police for assistance in getting the children, the residential parent can hire an attorney in the other state to register the Ohio court order in the other state and request the court in the other state to enforce the court order including a finding of contempt and order for the local police to assist in turning over the minor children. It is advised to contact an attorney in the state where the other parent is located in order to discuss obtaining jurisdiction over the non residential parent to enforce the Ohio court order.

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