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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 36167
Experience:  Attorney with 16 years experience
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My daughter lives in Ohio, has filed and received a

Customer Question

My daughter lives in Ohio, has filed for divorce and received a temporary order giving her sole custody of 1 minor child. The soon to be ex-husband will take over the current home that is in his name only and my daughter has 45 days to move out.
All but my daughter lives in Texas and she wants to relocate to live near family. Can she move to Texas within the 45 days she has to move out of the house. The father of the child was set up to have supervised visitation two days per week from 9-1.
Submitted: 11 months ago.
Category: Family Law
Expert:  Barrister replied 11 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Can she move to Texas within the 45 days she has to move out of the house.

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This is going to depend on what the temporary order says about moving out of state... Generally when a judge puts in an order, there is a clause that states that the parent is not to leave the state with the child unless the other parent or the judge gives permission.

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So if this is like 99% of the orders I have seen, there will be this restriction in the order. Given the fact that there is a supervised visitation schedule set up for the father, I am betting that this restriction is in the order...

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With that said, if daughter moved without permission, the father would have to file a motion for contempt of court in the Ohio court and have her served in Texas to force her to come back to Ohio to explain to the judge why she violated the order (assuming that there is a restriction). The judge could then modify any custody order to grant the father more rights to visitation/custody to penalize the mother for her actions.

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So the best option here is for mother to file a motion for permission to move with the child and get the judge to allow it assuming the father will object if she asks him to agree to the move.

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thanks

Barrister