Q: Can I move back to Ohio with my daughter during divorce?
I am a stay-at-home husband, a veteran with 100% permanent and total disabilities, earning $50,000 a year. My wife works part-time, and I cover all living expenses. We moved to California six months ago temporarily to stay with my wife’s parents, but our home and my insurance are still based in Ohio. I want to leave my wife and take our daughter with me back to Ohio. Would I be considered the primary caregiver in this situation? Am I allowed to take our daughter back to Ohio and file for divorce there, considering I have video evidence of my wife admitting to throwing our daughter in anger?
A: Since no one has filed anything yet and therefore there are no court orders, you are free to move wherever you want. Since you have both lived here (CA) for at least 6 months, Mom can likewise, file here in CA and get custody orders in place, forcing you to bring the child back to CA from Ohio.
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A:
Your situation is complex but understandable. Since you've only been in California for six months, Ohio likely remains your child's legal home state, especially since your home and insurance are still based there. However, moving your daughter out of state without your wife's consent, even temporarily, could create legal issues, potentially complicating custody arrangements in your divorce proceedings.
The court typically looks at who primarily cares for the child day-to-day; since you're a stay-at-home parent covering all living expenses and providing daily care, you have a strong argument for being the primary caregiver. Additionally, your video evidence showing potential harm to your child could significantly impact custody determinations in your favor.
Before leaving, though, consider speaking with an attorney who can help you navigate this carefully. Moving without clear legal guidance could backfire, harming your chances for primary custody. Prioritize the safety of your child, document everything, and seek immediate legal advice to ensure your actions strengthen rather than weaken your position.
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