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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12620
Experience:  Attorney experienced in all aspects of family law
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my wife left 4 years ago and moved to iowa she has my boy

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my wife left 4 years ago and moved to iowa she has my boy with her i live in ohio with the two girls we have together 3 kids total lol but she moved back to be in the girls life and so i could my boys life may 4th 2013 now she wants to go back to iowa and take the girls with her we both pay child support for the kids is she allowed to take them she saying its only for a month but i dont trust her i want to know since there in my care for last 4 years does she have a legal right to do so ? and can she try take them from me ?

Brandon M. :

Hello there.

Customer:

hello

Brandon M. :

Hello, thank you for your question.

Brandon M. :

Is there a child custody order in effect?

Customer:

nope

Brandon M. :

That surprised me somewhat because you usually won't see a child support order in place unless there is an order for child custody.

Brandon M. :

But I'll take your word for it.

Brandon M. :

Please allow me a moment to explain how the law works

Customer:

oh yeah state of ohio took her to court for child support since im on food assistance

Brandon M. :

Ok, that makes sense.

Customer:

same with iowa did same with me for my boy

Brandon M. :

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...

Brandon M. :

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.

Customer:

but since she been gone for 4 years can she just come back and take them without my perission

Customer:

permission even

Brandon M. :

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.

Customer:

oh ok so if she does take off with them i can get them back

Brandon M. :

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.

Customer:

she says she just wants them to go for a month for a visit im just affraid she not bring them back

Customer:

so what do i need to do in order to get custody while there living with me i never seeked legal advice before

Brandon M. :

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.

Customer:

ok so do i have residental custody since they lived with me or not since i not filed anything

Brandon M. :

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?

Customer:

i dont know the law is why i was asking since she abanded them i figure it would matter i dont know

Brandon M. :

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.

Customer:

oh ok

Customer:

so i need to go to courthouse and get temp custody ?

Customer:

i was told just go file for divorce

Brandon M. :

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.

Customer:

oh ok

Customer:

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

Brandon M. :

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.

Brandon M. :

Have I been able to help?

Customer:

yes tyvm

Brandon M. :

Great. Did you have any other question?

Customer:

no ty u was help ful

Brandon M. :

My pleasure. I wish you the best.

Customer:

ty

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