Q: Can I take my daughters dad to court in Ohio?
I moved to Ohio in September.. Ohio is my home of record. I recently got out of the military. My daughter was born in Virginia. Her father resides in Virginia. If he takes me to court will I have to go back to Virginia? Can I take him to court in Ohio?
A: Ohio adopted the Uniform Child Custody Jurisdiction and Enforcement Act many years ago. This means that in order for Ohio to have jurisdiction regarding your daughter, she needs to reside here for at least six months and in one county for at least 90 days. You may file next spring according to your facts.
Kelly A Rochotte agrees with this answer
A: According to the UCCJEA referenced by Mr. Kotler, the child's "home state" is where the child has resided for the past six months or more. You did not mention whether the child is with you or with her father, but if the child is with you, wait the six months and then you may file. It is worth consulting with a local attorney in your county, because custody filing requirements can vary regarding the required paperwork and information you will need on-hand prior to filing. Many attorneys will consult at no charge, and it is worth it for your peace of mind. Best of luck to you.
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