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

Q: I am leaving my husband due to mental abuse to me & our child can I move to another state there is no court orders

I had our daughter in 2018 and me and him was not married we got married in 2021 she was diagnosed with Autism in 2020 and she's always with me he doesn't take care of her or anything even tho we live in the same home, he tells me to take her and move where I came from and he says a lot of mental abuse stuff to us, I'm leaving him and moving to another state there are no court orders or court dates or anything.

1 Lawyer Answer
Todd B. Kotler
Todd B. Kotler
  • Divorce Lawyer
  • Canton, OH
  • Licensed in Ohio

A: The simple answer is if there is no Order in place, either of you could move. However, be aware that you could not file for divorce or a custody in that other state until you have resided there for at least 6 months and at least 90 days within the same county, due to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) which limits state jurisdiction over child custody to only one, avoiding competing orders..

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