Family Law Questions? Ask a Family Lawyer Online.
HelloThis is Samuel. Ohio does not have a law that specifies how old a child has to be to be left home alone. Now, there are child Negligence laws and if the child should get hurt in anyway, it is possible she could face child negligence charges. At this time, it is going to depend on what the court order says about how far she can move the child from his Father. And so you should check that. I suggest, if she is going to move to another county and that is going to disrupt the child's education, lifestyle with friends, community, etc that the Father can file a Modification to the current order and request he be given the sole physical custody of the child.
The court will always rule in the best interests of the child. So if the Father can show that it would be in the childs best interest to live with him as that will keep him in the same school, etc, than it is possible a modification may work,
He can actually file a modification on his own, without a local attorney. The documents and packet of forms can be obtained from the clerk of the court where the current custody order was granted.
Thanks. If it was his regular visitation and he was denied, then he can file a contempt. But I suggest he consider the modification seeking sole custody based on the best interests of the child so as not to disrupt his lifestyle with the school district etc.
As I said, he can file a modification on his own.
I totally understand. If he does not feel he can do the Modification on his own, I suggest he consult with a local family attorney to get it done.She would need to provide that information if he shares Legal custody - yes. Otherwise, if he does not she has total and final say.