Have Legal Questions? Ask a Lawyer Now.
Hello, thank you for your question.
Is there a child custody order in effect?
That surprised me somewhat because you usually won't see a child support order in place unless there is an order for child custody.
But I'll take your word for it.
Please allow me a moment to explain how the law works
oh yeah state of ohio took her to court for child support since im on food assistance
Ok, that makes sense.
same with iowa did same with me for my boy
I should start by saying that because the nuances of every case are different, this information should not be construed as complete or advice without consulting in person with counsel. That said, a parent can relocate out of state with his/her child unless there is a court order stating otherwise. In plain English, this means that either parent can generally relocate out of state with their child unless a court has said that they can't...
Both Ohio and Iowa follow a set of laws call the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The UCCJEA determines which court decides where a custody case will be heard if custody is challenged in court. If the kids are out of state "visiting" and "mom" decides to make the visit permanent over "dad's" objection, the rules of the UCCJEA determines where dad has to go to court to get the kids to come back.
but since she been gone for 4 years can she just come back and take them without my perission
Without a court order, either parent of a child can take custody of their child. That said, if one parent has been absent for an extended period of time, the other parent would typically have no problem getting an emergency court order to return the child.
oh ok so if she does take off with them i can get them back
So when there is a situation that one parent may unilaterally decide to take custody of their child, whether it is for an hour or for a week, the other parent may want to get a court order established in advance. However, if you have a situation where one parent has been absent for years and suddenly takes possession of their biological child over the objection of the other parent, an emergency court order can typically be obtained without any problem whatsoever. Depending on the circumstances, it may also be appropriate to contact law enforcement and see if they are willing to assist since the child may be endangered.
she says she just wants them to go for a month for a visit im just affraid she not bring them back
so what do i need to do in order to get custody while there living with me i never seeked legal advice before
To get a custody order, it just requires contacting the clerk of the family law division of the courthouse in the county where the children reside. There is a forms packet that is completed. Once the forms are completed, they are filed, and the case proceeds from there. Once an order is obtained, it can be enforced by law enforcement.
ok so do i have residental custody since they lived with me or not since i not filed anything
Before I start collecting information to provide an answer, please help me understand the nature of the inquiry--why might it matter if you have residential custody right now?
i dont know the law is why i was asking since she abanded them i figure it would matter i dont know
No worries. I ask because the label really doesn't mean anything unless there is an order to back it up. An order can be enforced by the sheriff's department.
so i need to go to courthouse and get temp custody ?
i was told just go file for divorce
You don't have to file for divorce to get a custody order, but if you plan to file for a custody order and if you plan to file for divorce, most people will do both at the same time because it can be done together. It requires opening only one case.
well i apprecate your answers seems like even though she did wrong and doing it again only thing is to get custody in writing then
Getting a written custody order definitely provides you with certainty, and it ensures you that the sheriff's office can act immediately if the other parent violates the order.
Have I been able to help?
Great. Did you have any other question?
no ty u was help ful
My pleasure. I wish you the best.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).