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Ellen, Lawyer
Category: Family Law
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Experience:  25 years of experience helping people like you.
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My husband is about to file, within the week. I have 2 children

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My husband is about to file, within the week. I have 2 children (4&2) that reside with me. I want to move to the Cleveland, OH area, where I have family and friends. He will do everything in his power to keep us in Dayton, OH. Will I be able to move or be stuck here forever. I am a stay at home mom and feel quite confident that I will get custody of the children. He says that he can fight for me to have to stay in Dayton and will win. Help.
Submitted: 8 years ago.
Category: Family Law
Expert:  Ellen replied 8 years ago.


Thank you for your question. I am happy to assist you.

Absent a court order to the contrary or a pending custody action, you can move with your children.

Without a court order concerning the children, both the mother and the father have equal rights. Each parent, absent a custody order or court proceeding, has the right to relocate or travel with his child as he sees fit.

Therefore, if you want to relocate, you should do so prior to his filing the petition.
Customer: replied 8 years ago.
So is this my best option? To move the kids ASAP? If I do not, could I still move at a later date or not? It seems so wrong to run off with the kids, I would like to do the right thing, but I know that the best thing for the kids and myself would be relocation. Could he stop me if he found out, or take the kids back?
Expert:  Ellen replied 8 years ago.

You may be able to move at a later date if the court grants you permission to move. Like you, the father could take the children and leave the area or state prior to an order being issued.
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