Q: Can I move out of state without child's father's sign-off?
We were not married when our child was born. Paternity was established 2yrs after birth, but nothing has been filed with the court regarding father's visitation/custody (we have a regular visitation schedule established, and he pays daycare bill, but none of this is filed with the court). Can I move out of state without having to file with the court? We have no support system in OH other than his new wife's family, and I would like to move our child closer to biological family, both mine & his.
A: Assuming you are correct that father has not filed for parental rights and responsibilities and there is no court order regarding custody, you are the sole custodian and may go wherever you wish. As a practical matter you will want to advise child support of your new address if he is paying through CSEA.
A: If there are no court orders, then you can move. But Ohio courts would retain jurisdiction until you establish residency in the new state, which could take several months, depending on that state's laws. Until then, the father could file for parental rights and custody here in Ohio, and the Ohio court could require you to return the child to Ohio. Before you move, use the Find a Lawyer tab to consult with a local family law attorney here, and also with an attorney in the state where you plan to move.
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