I have an apartment rented and am leaving my husband. I have not told him yet. Daughter is 12. How do I go about setting up sharing her with him. What if he won't agree to share? Do I have to be out of the house for 6 months before I can file for divorce?
Country relating to Question: United States
State (if USA): Ohio
I have tried everything. I am done. I want my own place.
Hi, Welcome to JustAnswerMy name is XXXXX XXXXX X would be glad to help 1. When do you anticipate moving into your new apartment ? 2. Have you had any discussions at all with your husband about custody ? Thank you,
I am moving in later this month. Haven't had any discussions with him yet. I did file for divorce about 4 years ago and we went to the parent class so he has known for a long time that I want out. I decided to stay in the marrraige until daughter was 12 and to save up some money. We used to live in Kentucky so I am unsure of how to do this in Ohio
Hi, Rebecca, Thank you for your additional information, In Answer to your questions -
1. If you and your husband cannot come to a mutual agreement on your daughter's custody, you will have to file a "Complaint for Custody" and have the Court decide. Judges in the Family Courts of all 50 States are guided by the same legal principle when deciding custody of children, and that is "What will be in the best interests and permanent welfare of the child".
In making this determination, the Judge considers many factors, including but not limited to the following:
Which parent is a better role model for the child to follow
Which parent will teach the child morals, a good work ethic, and the principles one should live by
What priorities does each parent have - Examples. :
Going to parties or spending quality time with the child,
Stressing the value of education and reading books to the child
Which parent will provide the more loving, wholesome, and secure environment
What kind of company does each parent keep, who are their friends,
Do the parents work, and if so, where
While at work, who would take care of the child
Has either parent ever been convicted of a crime (Other than parking violations)
Has either parent ever spent time in jail for these convictions
Does either parent use drugs, or have they in the past used drugs
Which parent is more stable, psycholgically, mentally and emotionally
Which parent will make the child feel loved, and secure
Which parent will be more available to spend quality time with the child
What type of living accommodations does each parent have
As you can see, money and finances do not even come into play because the Family Court understands that no amount of money can buy any of the factors it considers important to the nurturing of a child.
2. Where the parties have agreed on all the issues - Division of Property, Spousal Support, Parental Rights and Responsibilities, Child Support, etc., and there are no unresolved issues, one of the parties commences the action by a Petition for Dissolution of the Marriage, asking the Judge to approve their Agreement and to enter a Judgment of Dissolution of Marriage. And, since this is not an adversarialproceeding, no grounds for Divorce are listed and the marriage is ended without a determination of fault.3. In Answer to your question on how to go about getting the divorce, Under Ohio law, the party seeking the divorce must file a "Complaint in Divorce" which commences the action for Divorce and must state in their Complaint in Divorce, the grounds on which they are requesting the Court to enter a Judgment of Divorce. Ohio Law has both "No Fault" and "Fault" grounds, the "No-fault" are as follows:
1. Incompatibility; Or,
2. Living separate and apart without cohabitation for one year
Ohio "Fault" grounds for Divorce:
2. Willful absence for one year
4. Extreme cruelty
5. Fraudulent inducement to marriage6. Gross neglect of duty
7. Habitual drunkenness
8. Imprisonment in a state or federal institution at the time of the filing of the complaint, or an out-of-state divorce
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25 Yrs. Family Law, Estates, Real estate & Bus. Law, Criminal Defense, Immigration, Employment Law
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