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Thank you for using Just Answer. My name is ***** ***** I am a licensed attorney. It will be my pleasure to assist.I'm sorry to hear about the situation. There's a lot of potential danger in what she's doing, as I'm sure both you and your boyfriend recognize. I think there's several ways to approach this.The first would be to contact the Office of Children and Families and file a report. While they would likely place the child (at least temporarily pending investigation). My concern there would be she could find herself having the police involved and charged with child neglect or endangerment for leaving him alone -and I don't know if that is what your boyfriend wants to do to his ex-wife, especially if this behavior wasn't typical of her prior to her surgery and tumor.The other option would be to file for a change of custody because she is putting the child at risk (and I'm sure this is something he has told her that she cannot do time and again). While there's no set age a child can be left alone in Ohio, to leave a child that young at home at night and to go drinking is simply reckless and not in his best interest. He may even want to consider filing an emergency motion for change of custody to try and have the matter heard sooner. Modifications of custody are not easy matters to litigate -so my suggestion is he at least speak with (there's never obligation to hire one, and many offer free or low cost consultations) a family law attorney in his area. The Ohio bar association has lawyer referral services that can help him find a qualified attorney.
A parent with primary custody of children is not simply free to move away, depriving the other parent of quality time with them. That parent must get permission from a court to relocate the children, and the co-parent who would be left behind has an opportunity to object. So, no, she's not free to simply leave without his consent or permission and take his child.If you need clarification or additional information, please REPLY and I'll be happy to assist.Otherwise, kindly remember to leave me a positive rating by clicking on the stars, so that I am credited for my time and information today. Thank you!
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